,,ii #aaith ,,congress #b;d ,session ,s4 #diba ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #bd1 #bjbf,ms4 ,duckworth introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to provide for the implementation of a system of licensing for purchasers of certain firearms and for a record of sale system for those firearms1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,blair ,holt ,firearm ,owner ,licensing and ,record of ,sale ,act of #bjbf4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,findings and purposes4,sec4 #c4 ,definitions4,,title ,i--,licensing,sec4 #aja4 ,licensing requirement4,sec4 #ajb4 ,issuance1 revocation1 and renewal of firearm owner licenses4,sec4 #ajc4 ,relief from denial or revocation of firearm owner licenses4,,title ,,ii--,record of ,sale or ,transfer,sec4 #bja4 ,sale or transfer requirements for qualifying firearms4,sec4 #bjb4 ,firearm records4,,title ,,iii--,additional ,prohibitions,sec4 #cja4 ,firearms transfers4,sec4 #cjb4 ,failure to maintain or permit inspection of records4,sec4 #cjc4 ,failure to report loss or theft of firearm4,sec4 #cjd4 ,failure to provide notice of change of address4,sec4 #cje4 ,child access prevention4,,title ,,iv--,enforcement,sec4 #dja4 ,criminal penalties4,sec4 #djb4 ,regulations4,sec4 #djc4 ,inspections4,sec4 #djd4 ,orders4,sec4 #dje4 ,injunctive enforcement4,,title ,v--,firearm ,injury ,information and ,research,sec4 #eja4 ,duties of the ,attorney ,general4,,title ,,vi--,effect on ,state ,law,sec4 #fja4 ,effect on ,state law4,sec4 #fjb4 ,certification of ,state firearm licensing systems and ,state firearm record of sale systems4,,title ,,vii--,relationship to ,other ,law,sec4 #gja4 ,subordination to ,arms ,export ,control ,act4,,title ,,viii--,inapplicability,sec4 #hja4 ,inapplicability to governmental authorities4,,title ,,ix--,effective ,dates of ,amendments,sec4 #ija4 ,effective dates of amendments4 #b4 ,findings and purposes 7a7 ,findings ,congress finds that-- 7#a7 the manufacture1 distribution1 and importation of firearms is inherently commercial in nature2 7#b7 firearms regularly move in interstate commerce2 7#c7 to the extent that firearms trafficking is intrastate in nature1 it arises out of and is substantially connected with a commercial transaction that1 when viewed in the aggregate1 substantially affects interstate commerce2 7#d7 because the intrastate and interstate trafficking of firearms are so commingled1 full regulation of interstate commerce requires the incidental regulation of intrastate commerce2 7#e7 firearm-related assaults in the ,united ,states during the #ai-year period between #bjja and #bjai were-- 7,a7 associated with the majority of homicides and half of all suicides2 and 7,b7 the seventh leading cause of nonfatal violent injuries2 7#f7 on the afternoon of ,may #aj1 #bjjg1 ,blair ,holt1 a junior at ,julian ,high ,school in ,chicago1 was killed on a public bus riding home from school when he used his body to shield a girl who was in the line of fire after a young man boarded the bus and started shooting2 7#g7 since #bjjg1 when #cb students and teachers were killed at ,virginia ,tech1 #g of the #aa most deadly mass shootings in the ,united ,states have taken place2 7#h7 since #bjab1 when #bj first graders and teachers were murdered with an assault rifle at ,sandy ,hook ,elementary ,school in ,newtown1 ,connecticut1 more than #gej school shootings have occurred in the ,united ,states2 7#i7 in #bjae1 there were #cce mass shootings1 including1 notably1 the shooting at ,umpqua ,community ,college in ,oregon1 the ,charleston church shooting in ,south ,carolina1 the theater shooting in ,lafayette1 ,louisiana1 and the ,isla ,vista community shootings in ,california2 7#aj7 since #bjaf1 the country has witnessed #g of the #aj most deadly mass shootings in modern ,united ,states history2 7#aa7 in ,february #bjah1 #ag members of the ,marjory ,stoneman ,douglas ,high ,school community in ,parkland1 ,florida1 lost their lives at the hands of a #ai-year-old armed with an ,,ar-#ae semiautomatic assault rifle2 7#ab7 in #bjbb1 #ai fourth graders and their #b teachers were shot and killed at ,robb ,elementary ,school in ,uvalde1 ,texas1 in the third deadliest shooting at a school in the ,united ,states2 7#ac7 according to the ,centers for ,disease ,control and ,prevention1 #dd1jjj people died from gun-related injuries in the ,united ,states in #bjbd1 and #ae1cfd--ce percent--of those deaths were gun homicides2 7#ad7 communities of color suffer disproportionately from gun violence1 with ,black children and teens #af times more likely to die of gun violence than their ,white counterparts and ,latino children and teens #c times more likely to die of gun violence than their ,white counterparts2 and 7#ae7 between #bjae and #bjbe1 there were #d1iag mass shootings1 including #ejc in #bjbd alone4 7b7 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 firearms trafficking is prevalent and widespread in and among the ,states1 and it is usually impossible to distinguish between intrastate trafficking and interstate trafficking2 and 7#b7 it is in the national interest and within the role of the ,federal ,government to ensure that the regulation of firearms is uniform among the ,states1 that law enforcement can quickly and effectively trace firearms used in crime1 and that firearms owners know how to use and safely store their firearms4 7c7 ,purposes ,the purposes of this ,act and the amendments made by this ,act are-- 7#a7 to protect the public against the unreasonable risk of injury and negligent or reckless death associated with the unrecorded sale or transfer of qualifying firearms to criminals and youths2 7#b7 to ensure that owners of qualifying firearms are knowledgeable in the safe use1 handling1 and storage of those firearms2 7#c7 to restrict the availability of qualifying firearms to criminals1 youth1 and other persons prohibited by ,federal law from receiving firearms2 7#d7 to facilitate the tracing of qualifying firearms used in crime by ,federal and ,state law enforcement agencies2 and 7#e7 to hold criminally and civilly liable those who facilitate the transfer of qualifying firearms1 causing risk of injury and negligent or reckless death associated with the transfer of those qualifying firearms4 #c4 ,definitions 7a7 ,in general ,in this ,act1 the terms firearm1 qualifying firearm1 and ,state have the meanings given those terms in section #iba7;a7 of title #ah1 ,united ,states ,code1 as amended by subsection 7b74 7b7 ,title #ah1 ,united ,states ,code ,section #iba7;a7 of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 7#ch7 ,the term detachable ammunition feeding device-- 7,a7 means a magazine1 belt1 drum1 feed strip1 or similar device that-- 7i7 is capable of being detached from a semiautomatic rifle2 and 7ii7 has a capacity of1 or that can be readily restored or converted to accept1 more than #aj rounds of ammunition2 and 7,b7 does not include an attached tubular device designed to accept1 and capable of operating only with1 4#bb caliber rimfire ammunition4 7#ci7 ,the term firearm owner license means a license issued under section #ibc7m74 7#dj7 ,the term qualifying firearm-- 7,a7 means-- 7i7 a handgun2 or 7ii7 a semiautomatic rifle that is capable of accepting a detachable ammunition feeding device2 and 7,b7 does not include an antique firearm4 4 ,i ,licensing #aja4 ,licensing requirement ,section #ibb of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 7aa7 ,firearm licensing requirement 7#a7 ,in general ,subject to paragraph 7#b71 it shall be unlawful for any individual other than a licensed importer1 licensed manufacturer1 licensed dealer1 or licensed collector to possess a qualifying firearm on or after the applicable date1 unless that individual has a valid-- 7,a7 firearm owner license2 or 7,b7 ,state firearm license4 7#b7 ,exemptions 7,a7 ,in general ,paragraph 7#a7 shall not apply to-- 7i7 a ,federal1 ,state1 local1 or ,tribal law enforcement officer while engaged in the performance of official duties2 7ii7 a member of the ,armed ,forces or ,national ,guard while engaged in the performance of official duties2 7iii7 a ,federal employee who is required to carry a qualifying firearm in the capacity of that individual as a ,federal employee while engaged in the performance of official duties2 7iv7 a member of a bona fide veterans organization that received the qualifying firearm directly from the ,armed ,forces1 including a member of the color guard of the veterans organization1 while using the qualifying firearm for a ceremonial purpose with blank ammunition2 7v7 an unemancipated minor who is under the direct supervision of an individual who-- 7,i7 has a valid firearm owner license or ,state firearm license2 and 7,,ii7 is1 with respect to the minor-- 7aa7 a parent2 7bb7 a legal guardian2 or 7cc7 any other individual standing in loco parentis2 7vi7 an individual with a valid hunting license issued by a ,state while the individual is-- 7,i7 hunting in the ,state that issued the license2 and 7,,ii7 accompanied by an individual who has a valid firearm owner license or ,state firearm license2 or 7vii7 an individual who is-- 7,i7 7aa7 on a firing or shooting range2 or 7bb7 participating in a firearms safety or training course recognized by-- 7,,aa7 a ,federal1 ,state1 local1 or ,tribal law enforcement agency2 or 7,,bb7 a national or statewide shooting sports organization2 7,,ii7 otherwise eligible to obtain a firearm owner license2 and 7,,iii7 under the direct supervision of an individual who-- 7aa7 has a valid firearm owner license or ,state firearm license2 and 7bb7 is not less than #ba years of age4 7,b7 ,individuals with ,state firearm licenses ,not later than #fj days after the date on which an individual who has a ,state firearm license moves from the ,state in which the ,state firearm license of the individual was issued to a different ,state1 the individual shall-- 7i7 if the ,state to which the individual has moved has a ,state firearm owner licensing system certified by the ,attorney ,general under section #icf1 apply for-- 7,i7 a ,state firearm license under that ,state system2 or 7,,ii7 a firearm owner license2 or 7ii7 if the ,state to which the individual has moved does not have a ,state firearm licensing system certified by the ,attorney ,general under section #icf1 apply for a firearm owner license4 7#c7 ,definitions ,in this subsection-- 7,a7 the term applicable date means1 with respect to a qualifying firearm that is acquired by the individual-- 7i7 before the date of enactment of the ,blair ,holt ,firearm ,owner ,licensing and ,record of ,sale ,act of #bjbf1 #b years after that date of enactment2 and 7ii7 on or after the date of enactment of the ,blair ,holt ,firearm ,owner ,licensing and ,record of ,sale ,act of #bjbf1 #a year after that date of enactment2 and 7,b7 the term ,state firearm license means a firearm license issued under a firearm licensing system established by a ,state that has been certified by the ,attorney ,general under section #icf4 7bb7 ,denial or revocation of firearm owner licenses ,it shall be unlawful for any individual who is denied a firearm owner license under paragraph 7#c77;,d7 of section #ibc7m7 or receives a revocation notice under paragraph 7#e77;,b77i7 of that section to knowingly-- 7#a7 fail to surrender the firearm owner license of the individual in accordance with paragraph 7#f77;,a77i7 of that section2 7#b7 fail to submit a firearm disposition record in accordance with paragraph 7#f77;,a77ii7 of that section2 7#c7 make a false statement in a firearm disposition record submitted under paragraph 7#f77;,a77ii7 of that section2 or 7#d7 fail to transfer any qualifying firearm of the individual in accordance with paragraph 7#f77;,a77iii7 of that section4 4 #ajb4 ,issuance1 revocation1 and renewal of firearm owner licenses ,section #ibc of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7d77#a77;,f77iii71 by inserting under subsection 7a7 or 7b7 after ,federal firearms license2 7#b7 in subsection 7l71 by inserting under subsection 7a7 or 7b7 after a firearms license is issued2 and 7#c7 by adding at the end the following3 7m7 ,firearm owner licenses 7#a7 ,definitions ,in this subsection-- 7,a7 the term clinical psychologist means a psychologist licensed or registered to practice psychology in the ,state in which the psychologist practices who-- 7i7 has-- 7,i7 a doctoral degree from a regionally accredited university1 college1 or professional school2 and 7,,ii7 not less than #b years of supervised experience in health services1 of which-- 7aa7 not less than #a year is of postdoctoral experience2 and 7bb7 not less than #a year is of experience in an organized health service program2 or 7ii7 has-- 7,i7 a graduate degree in psychology from a regionally accredited university or college2 and 7,,ii7 not less than #f years of experience as a psychologist1 of which not less than #b years are of supervised experience in health services2 7,b7 the term covered offense means battery1 assault1 aggravated assault1 or violation of an order of protection1 in which a firearm was used or possessed2 7,c7 the term identification document has the meaning given the term in section #ajbh7;d72 7,d7 the term licensed individual means an individual issued a firearm owner license under paragraph 7#c72 7,e7 the term physician means a doctor of medicine legally authorized to practice medicine by the ,state in which the physician performs that function or action2 7,f7 the term qualified examiner means a medical professional authorized to conduct a qualifying mental health evaluation by the ,state in which the evaluation occurs2 and 7,g7 the term qualifying mental health evaluation means a mental evaluation by a physician1 clinical psychologist1 or qualified examiner resulting in a certification by the physician1 clinical psychologist1 or qualified examiner that an individual is not a clear and present danger to the individual or others4 7#b7 ,applications 7,a7 ,in general ,an individual applying for a firearm owner license under this subsection shall submit to the ,attorney ,general1 in accordance with the regulations promulgated under subparagraph 7,b71 an application that includes-- 7i7 a current1 passport-sized photograph of the applicant that provides a clear1 accurate likeness of the applicant2 7ii7 the name1 address1 and date and place of birth of the applicant2 7iii7 any other name that the applicant has ever used or by which the applicant has ever been known2 7iv7 with respect to each category of person prohibited by ,federal law1 or by the law of the ,state of residence of the applicant1 from obtaining a firearm1 a statement that the applicant is not a person prohibited from receiving a firearm2 7v7 7,i7 a certification by the applicant that the applicant is not younger than #ba years old2 or 7,,ii7 in the case of an applicant who is younger than #ba years old-- 7aa7 written proof of the consent of the parent or legal guardian of the applicant for the applicant to possess and acquire a qualifying firearm1 provided that the parent or legal guardian-- 7,,aa7 is not an individual prohibited by subsection 7g7 or 7n7 of section #ibb from receiving a firearm2 and 7,,bb7 submits an affidavit with the application affirming that the parent or legal guardian is not an individual prohibited by subsection 7g7 or 7n7 of section #ibb from receiving a firearm2 and 7bb7 a certification by the applicant that the applicant has not been convicted of a misdemeanor1 other than a traffic offense1 or adjudged delinquent2 7vi7 a certification by the applicant that the applicant-- 7,i7 was not a patient in a mental health facility during the #e-year period preceding the date on which the application is submitted2 7,,ii7 is not an individual with an intellectual or developmental disability2 7,,iii7 is not subject to an order of protection prohibiting the applicant from possessing a firearm2 7,,iv7 has not been convicted of a covered offense during the #e-year period preceding the date on which the application is submitted2 and 7,v7 has not been adjudged delinquent for an act of juvenile delinquency that if committed by an adult would be a felony2 7vii7 if the individual was a patient in a mental health facility during a period ending more than #e years before the date on which the application is submitted1 a qualifying mental health evaluation2 7viii7 an authorization by the applicant to release to the ,attorney ,general1 or an authorized representative of the ,attorney ,general1 any mental health records pertaining to the applicant2 7ix7 the rolled fingerprints of the applicant2 7x7 the date on which the application was submitted2 and 7xi7 the signature of the applicant4 7,b7 ,regulations governing submission 7i7 ,in general ,the ,attorney ,general shall promulgate regulations specifying procedures for the submission of an application under subparagraph 7,a7 to the ,attorney ,general that shall-- 7,i7 provide for submission of the application through a licensed dealer or an office or agency of the ,federal ,government designated by the ,attorney ,general2 7,,ii7 require the applicant to provide a valid identification document of the applicant1 containing a photograph of the applicant1 to the licensed dealer or to the office or agency of the ,federal ,government1 as applicable1 at the time of submission of the application to that licensed dealer1 office1 or agency2 and 7,,iii7 require that a completed application be forwarded to the ,attorney ,general not later than #dh hours after the application is submitted to the licensed dealer or office or agency of the ,federal ,government4 7ii7 ,definition ,in this subparagraph1 the term agency has the meaning given the term in section #eea of title #e4 7,c7 ,fees 7i7 ,in general ,the ,attorney ,general shall charge and collect from each applicant for a license under this subsection a fee in an amount determined in accordance with clause 7ii74 7ii7 ,fee amount ,the amount of the fee collected under this subparagraph shall be not less than the amount determined by the ,attorney ,general to be necessary to ensure that the total amount of all fees collected under this subparagraph during a fiscal year is sufficient to cover the costs of carrying out this subsection during that fiscal year1 except that such amount shall not exceed #aj4 7#c7 ,issuance of licenses 7,a7 ,in general ,not later than #cj days after the date on which an application is submitted under paragraph 7#b71 the ,attorney ,general shall issue a firearm owner license to an applicant who has submitted an application that meets the requirements under paragraph 7#b71 if1 after conducting a fingerprint-based nationwide criminal background check using the rolled fingerprints of the applicant submitted in the application1 the ,attorney ,general determines that the applicant-- 7i7 is not prohibited by subsection 7g7 or 7n7 of section #ibb from receiving a qualifying firearm2 7ii7 7,i7 is not younger than #ba years old2 or 7,,ii7 is younger than #ba years old and-- 7aa7 has submitted written proof of the consent of the parent or legal guardian of the applicant required under paragraph 7#b77;,a77v77,,ii77aa72 and 7bb7 has not been convicted of a misdemeanor1 other than a traffic offense1 or adjudged delinquent2 7iii7 was not a patient in a mental health facility during the #e-year period preceding the date on which the application is submitted2 7iv7 is not an individual with an intellectual or developmental disability2 7v7 is not subject to an order of protection prohibiting the applicant from possessing a firearm2 7vi7 has not been convicted of a covered offense during the #e-year period preceding the date on which the application is submitted2 7vii7 has not been adjudged delinquent for an act of juvenile delinquency that if committed by an adult would be a felony2 7viii7 if the applicant was a patient in a mental health facility during a period ending more than #e years before the date on which the application is submitted1 has received a qualifying mental health evaluation2 7ix7 does not have a mental condition that makes the applicant a clear and present danger to the individual or others2 and 7x7 has not intentionally made a false statement in the application under paragraph 7#b74 7,b7 ,effect of issuance to prohibited individuals ,a firearm owner license issued under this paragraph shall be null and void if issued to an individual who is prohibited by subsection 7g7 or 7n7 of section #ibb from receiving a firearm4 7,c7 ,form of licenses ,a firearm owner license issued under this paragraph shall be in the form of a tamper-resistant card1 and shall include-- 7i7 the photograph of the licensed individual submitted with the application under paragraph 7#b72 7ii7 the address of the licensed individual2 7iii7 the date of birth of the licensed individual2 7iv7 the sex of the licensed individual2 7v7 the height and weight of the licensed individual2 7vi7 a license number1 unique to each licensed individual2 7vii7 the expiration date of the license1 which shall be-- 7,i7 the date that is #e years after the initial anniversary of the date of birth of the licensed individual following the date on which the license is issued2 or 7,,ii7 in the case of a license renewed under paragraph 7#d71 the date that is #e years after the anniversary of the date of birth of the licensed individual following the date on which the license is renewed2 7viii7 a facsimile of the rolled fingerprints of the individual submitted in the application of the individual under paragraph 7#b77;,a77ix7 in an encrypted1 embedded1 and machine-readable format2 7ix7 the signature of the licensed individual provided on the application under paragraph 7#b71 or a facsimile of the signature2 and 7x7 centered at the top of the license1 capitalized1 and in boldface type1 the following3 ,,firearm ,,owner ,,license--,,not ,,valid ,,for ,,any ,,other ,,purpose4 7,d7 ,denial 7i7 ,in general ,if the ,attorney ,general determines that an applicant does not meet the requirements under subparagraph 7,a71 the ,attorney ,general shall provide written notice to the applicant that states-- 7,i7 the specific grounds on which the denial is based2 and 7,,ii7 the requirements for issuance of a firearm owner license under subparagraph 7,a74 7ii7 ,notice to local law enforcement ,the ,attorney ,general shall transmit a copy of the notice described in clause 7i7 to the sheriff and law enforcement agency having jurisdiction where the individual to whom the denial pertains resides4 7,e7 ,change of address ,a licensed individual shall immediately notify the ,attorney ,general if the licensed individual moves from the residence address listed on the firearm owner license of that licensed individual4 7#d7 ,renewal of licenses 7,a7 ,applications for renewal of licenses 7i7 ,in general ,a licensed individual seeking to renew a firearm owner license shall1 not later than #fj days before the expiration date of the firearm owner license1 submit to the ,attorney ,general1 in accordance with the regulations promulgated under clause 7iii71 an application for renewal of the license4 7ii7 ,contents ,an application submitted under clause 7i7 shall include-- 7,i7 a current1 passport-sized photograph of the licensed individual that provides a clear1 accurate likeness of the licensed individual2 7,,ii7 current proof of identity of the licensed individual2 and 7,,iii7 the address of the licensed individual4 7iii7 ,regulations governing submission ,the ,attorney ,general shall promulgate regulations specifying procedures for the submission of applications under this subparagraph4 7,b7 ,issuance of renewed licenses ,upon approval of an application submitted under subparagraph 7,a71 the ,attorney ,general shall issue a renewed license1 which shall meet the requirements of paragraph 7#c77;,c71 except that the license shall include the current photograph and address of the licensed individual1 as provided in the application submitted under subparagraph 7,a7 of this paragraph1 and the expiration date of the renewed license1 in accordance with paragraph 7#c77;,c77vii77,,ii74 7#e7 ,revocation of licenses 7,a7 ,in general ,if a licensed individual becomes an individual who the ,attorney ,general determines does not meet the requirements under paragraph 7#c77;,a7 of this subsection-- 7i7 the firearm owner license is revoked2 and 7ii7 the individual shall surrender the firearm owner license to the ,attorney ,general in accordance with paragraph 7#f77;,a7 of this subsection4 7,b7 ,notice 7i7 ,in general ,upon receipt by the ,attorney ,general of notice that a licensed individual has become an individual described in subparagraph 7,a71 the ,attorney ,general shall provide written notice to the individual that-- 7,i7 the firearm owner license is revoked2 and 7,,ii7 states the specific grounds on which the revocation is based4 7ii7 ,notice to local law enforcement ,the ,attorney ,general shall transmit a copy of the notice described in clause 7i7 to the sheriff and law enforcement agency having jurisdiction where the individual to which the denial pertains resides4 7#f7 ,surrender of licenses and qualifying firearms 7,a7 ,in general ,subject to subparagraph 7,d71 an individual who is denied a firearm owner license under paragraph 7#c77;,d7 or receives a revocation notice under paragraph 7#e77;,b77i7 shall1 not later than #dh hours after receiving notice of the denial or revocation-- 7i7 in the case of an individual who receives a revocation notice1 surrender the firearm owner license of the individual-- 7,i7 by bringing the firearm owner license to an office of-- 7aa7 the ,federal ,bureau of ,investigation2 7bb7 the ,bureau of ,alcohol1 ,tobacco1 ,firearms and ,explosives2 or 7cc7 a ,united ,states ,attorney2 or 7,,ii7 by mailing the firearm owner license to the ,attorney ,general2 7ii7 if the individual owns or has custody and control of a qualifying firearm1 complete a firearm disposition record described in subparagraph 7,b7 and-- 7,i7 in the case of an individual who receives a denial notice1 submit that firearm disposition record to an entity described in clause 7i72 and 7,,ii7 in the case of an individual who receives a revocation notice1 submit that firearm disposition record at the same time that the individual surrenders the firearm owner license under clause 7i72 and 7iii7 transfer any qualifying firearm that is owned by or under the custody and control of the individual to-- 7,i7 any location other than-- 7aa7 a location to which the individual has immediate access2 7bb7 a residence of the individual2 7cc7 a vehicle of the individual2 or 7dd7 a storage space of the individual2 or 7,,ii7 if applicable1 any person other than a member of the household of the individual4 7,b7 ,firearm disposition records ,the ,attorney ,general shall prescribe a form for a firearm disposition record to be completed under subparagraph 7,a77ii7 that shall require an individual completing the firearm disposition record to disclose-- 7i7 the make1 model1 and serial number of each qualifying firearm that is owned by or under the custody and control of the individual on the date on which the firearm disposition record is completed by the individual2 7ii7 the location where each qualifying firearm described in clause 7i7 will be located after the individual submits the firearm disposition record2 and 7iii7 if any qualifying firearm described in clause 7i7 will be transferred to the ownership or custody and control of another person1 the name1 address1 and1 if applicable1 firearm owner license number of the transferee4 7,c7 ,responsibilities of receiving entities ,at the time at which an entity described in subparagraph 7,a77i7 receives a firearm owner license and firearm disposition record under subparagraph 7,a71 the entity shall-- 7i7 provide to the individual surrendering the firearm owner license and submitting the firearm disposition record-- 7,i7 a receipt showing that the individual surrendered the firearm owner license to the entity2 and 7,,ii7 a copy of the firearm disposition record submitted by the individual2 and 7ii7 if the entity is an entity described in item 7aa71 7bb71 or 7cc7 of subparagraph 7,a77i77,i7-- 7,i7 transmit to the ,attorney ,general-- 7aa7 the firearm owner license2 and 7bb7 the firearm disposition record2 and 7,,ii7 maintain a copy of the documents described in subclause 7,i7 of this clause4 7,d7 ,right to reclaim firearm ,an individual who transfers a qualifying firearm under subparagraph 7,a77iii7 may reclaim the qualifying firearm after a successful application for relief or appeal under section #ibe7;g74 4 #ajc4 ,relief from denial or revocation of firearm owner licenses ,section #ibe of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 7g7 ,relief from denial or revocation of firearm owner licenses 7#a7 ,application to the ,attorney ,general 7,a7 ,in general ,if the ,attorney ,general denies a firearm owner license to an individual under paragraph 7#c77;,d7 of section #ibc7m7 or revokes the firearm owner license of an individual under paragraph 7#e7 of that section1 the individual may1 not later than #fj days after the date on which the denial or revocation occurs1 make an application to the ,attorney ,general for relief from that denial or revocation4 7,b7 ,relief ,the ,attorney ,general may grant relief to an applicant under subparagraph 7,a71 if the applicant establishes to the satisfaction of the ,attorney ,general that the circumstances relating to the denial or revocation1 and the criminal record and personal reputation of the applicant1 are such that-- 7i7 the applicant will not be likely to act in a manner dangerous to public safety2 and 7ii7 relief under this subparagraph would not be contrary to the public interest4 7,c7 ,notice in the ,federal ,register ,if the ,attorney ,general grants relief under subparagraph 7,b71 the ,attorney ,general shall promptly publish in the ,federal ,register a notice-- 7i7 that the relief was granted2 and 7ii7 that describes the reasons for granting the relief4 7#b7 ,appeal 7,a7 ,in general ,an applicant who is denied relief under paragraph 7#a77;,b7 may file a petition for judicial review of the denial with the district court of the ,united ,states for the district in which the applicant resides4 7,b7 ,hearing ,a court that receives a petition under subparagraph 7,a7 shall hold a hearing to determine whether to grant the petitioner relief described in paragraph 7#a77;,a7 not later than #gb hours after the petitioner files the petition4 7,c7 ,notice and opportunity to be heard 7i7 ,in general ,the court shall provide the petitioner with notice and the opportunity to be heard at a hearing under this paragraph1 sufficient to protect the due process rights of the petitioner4 7ii7 ,right to counsel 7,i7 ,in general ,at a hearing under this paragraph1 the petitioner may be represented by counsel who is-- 7aa7 chosen by the petitioner2 and 7bb7 authorized to practice at such a hearing4 7,,ii7 ,court-provided counsel ,if the petitioner is financially unable to obtain representation by counsel1 the court1 at the request of the petitioner1 shall ensure to the extent practicable that the petitioner is represented by an attorney for the ,legal ,services ,corporation with respect to the petition4 7,d7 ,burden of proof2 standard ,at a hearing under this paragraph1 the ,attorney ,general-- 7i7 shall have the burden of proving all material facts2 and 7ii7 shall be required to demonstrate1 by clear and convincing evidence1 that the petitioner is prohibited under section #ibc7m77#c77;,a7 from receiving a firearm owner license4 4 ,,ii ,record of ,sale or ,transfer #bja4 ,sale or transfer requirements for qualifying firearms ,section #ibb of title #ah1 ,united ,states ,code1 as amended by section #aja of this ,act1 is amended by adding at the end the following3 7cc7 ,unauthorized sale or transfer of a qualifying firearm ,it shall be unlawful for any person to sell1 deliver1 or otherwise transfer a qualifying firearm to1 or for1 any person who is not a licensed importer1 licensed manufacturer1 licensed dealer1 or licensed collector1 or to receive a qualifying firearm from a person who is not a licensed importer1 licensed manufacturer1 licensed dealer1 or licensed collector1 unless1 at the time and place of the transfer or receipt-- 7#a7 the transferee presents to a licensed dealer a valid firearm owner license issued to the transferee-- 7,a7 under section #ibc7m72 or 7,b7 pursuant to a ,state firearm licensing system certified under section #icf established by the ,state in which the transfer or receipt occurs2 7#b7 the licensed dealer contacts the ,attorney ,general or the head of the ,state agency that administers the certified system described in paragraph 7#a77;,b71 as applicable1 and receives notice that the transferee has been issued a firearm owner license described in paragraph 7#a7 and that the firearm owner license remains valid2 and 7#c7 the licensed dealer records on a document 7which1 in the case of a sale1 shall be the sales receipt7 a tracking authorization number provided by the ,attorney ,general or the head of the ,state agency1 as applicable1 as evidence that the licensed dealer has verified the validity of the firearm owner license4 4 #bjb4 ,firearm records 7a7 ,in general ,chapter #dd of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #ice4 ,firearm records 7a7 ,submission of sale or transfer reports 7#a7 ,in general ,not later than #ad days after the date on which the transfer of a qualifying firearm is processed by a licensed dealer under section #ibb7;cc71 the licensed dealer shall submit to the ,attorney ,general 7or1 in the case of a licensed dealer located in a ,state that has a ,state firearm licensing and record of sale system certified under section #icf1 to the head of the ,state agency that administers that system7 a report of that transfer1 which shall include information relating to-- 7,a7 the manufacturer of the qualifying firearm2 7,b7 the model name or number of the qualifying firearm2 7,c7 the serial number of the qualifying firearm2 7,d7 the date on which the qualifying firearm was received by the transferee2 7,e7 the number of the valid firearm owner license issued to the transferee-- 7i7 under section #ibc7m72 or 7ii7 in accordance with a ,state firearm licensing system certified under section #icf established by the ,state in which the transfer or receipt occurs2 and 7,f7 the name and address of the individual who transferred the firearm to the transferee4 7#b7 ,effective date ,this subsection shall take effect on the date that is #a year after the date of enactment of the ,blair ,holt ,firearm ,owner ,licensing and ,record of ,sale ,act of #bjbf4 7b7 ,federal record of sale system ,not later than #bgj days after the date of enactment of the ,blair ,holt ,firearm ,owner ,licensing and ,record of ,sale ,act of #bjbf1 the ,attorney ,general shall establish and maintain a ,federal record of sale system1 which shall include the information included in each report submitted to the ,attorney ,general under subsection 7a74 4 7b7 ,elimination of prohibition on establishment of system of registration ,section #ibf7;a7 of title #ah1 ,united ,states ,code1 is amended by striking the second sentence4 7c7 ,clerical amendment ,the table of sections for chapter #dd of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #ice4 ,firearm records4 4 ,,iii ,additional ,prohibitions #cja4 ,firearms transfers 7a7 ,in general ,section #ibb of title #ah1 ,united ,states ,code1 as amended by sections #aja and #bja of this ,act1 is amended by adding at the end the following3 7dd7 ,firearms transfers 7#a7 ,in general 7,a7 ,prohibition ,it shall be unlawful for any person who is not a licensed importer1 licensed manufacturer1 or licensed dealer to transfer a firearm to any other person who is not so licensed1 unless a licensed importer1 licensed manufacturer1 or licensed dealer has first taken possession of the firearm for the purpose of complying with subsection 7t74 7,b7 ,compliance ,upon taking possession of a firearm under subparagraph 7,a71 a licensee shall comply with all requirements of this chapter as if the licensee were transferring the firearm from the inventory of the licensee to the unlicensed transferee4 7,c7 ,return of firearms ,if a transfer of a firearm described in subparagraph 7,a7 will not be completed for any reason after a licensee takes possession of the firearm 7including because the transfer of the firearm to1 or receipt of the firearm by1 the transferee would violate this chapter71 the return of the firearm to the transferor by the licensee shall not constitute the transfer of a firearm for purposes of this chapter4 7#b7 ,exceptions ,paragraph 7#a7 shall not apply to-- 7,a7 a law enforcement agency or any law enforcement officer1 armed private security professional1 or member of the ,armed ,forces1 to the extent the officer1 professional1 or member is acting within the course and scope of employment and official duties2 7,b7 a transfer that is a loan or bona fide gift between-- 7i7 spouses2 7ii7 domestic partners2 7iii7 parents and their children1 including step-parents and their step-children2 7iv7 siblings2 7v7 aunts or uncles and their nieces or nephews2 or 7vi7 grandparents and their grandchildren2 7,c7 a transfer to an executor1 administrator1 trustee1 or personal representative of an estate or a trust that occurs by operation of law upon the death of another person2 7,d7 a temporary transfer that is necessary to prevent imminent death or great bodily harm1 including harm to self1 family1 household members1 or others1 if the possession by the transferee lasts only as long as immediately necessary to prevent the imminent death or great bodily harm1 including the harm of domestic violence1 dating partner violence1 sexual assault1 stalking1 and domestic abuse2 7,e7 a transfer that is approved by the ,attorney ,general under section #ehab of the ,internal ,revenue ,code of #aihf2 or 7,f7 a temporary transfer if-- 7i7 the transferor has no reason to believe that the transferee-- 7,i7 will use or intends to use the firearm in a crime2 or 7,,ii7 is prohibited from possessing a firearm under ,state or ,federal law2 and 7ii7 the transfer takes place and the possession of the firearm by the transferee is exclusively-- 7,i7 at a shooting range or in a shooting gallery or other area designated for the purpose of target shooting2 7,,ii7 reasonably necessary for the purposes of hunting1 trapping1 or fishing1 if the transferor-- 7aa7 has no reason to believe that the transferee intends to use the firearm in a place where it is illegal2 and 7bb7 has reason to believe that the transferee will comply with all licensing and permit requirements for such hunting1 trapping1 or fishing2 or 7,,iii7 in the presence of the transferor4 7#c7 ,notice ,it shall be unlawful for a licensed importer1 licensed manufacturer1 or licensed dealer to transfer possession of1 or title to1 a firearm to another person who is not so licensed unless-- 7,a7 the importer1 manufacturer1 or dealer provides the person with notice of the prohibition under paragraph 7#a72 and 7,b7 the other person certifies that the importer1 manufacturer1 or dealer provided the person notice of the prohibition under paragraph 7#a7 on a form prescribed by the ,attorney ,general4 4 7b7 ,amendment ,section #ibd7;a77#e7 of title #ah1 ,united ,states ,code1 is amended by striking 7s7 or 7t7 and inserting 7s71 7t71 or 7dd74 7c7 ,rules of interpretation ,nothing in this section1 or any amendment made by this section1 shall be construed to authorize the establishment1 directly or indirectly1 of a national firearms registry4 #cjb4 ,failure to maintain or permit inspection of records ,section #ibb of title #ah1 ,united ,states ,code1 as amended by sections #aja1 #bja1 and #cja of this ,act1 is amended by adding at the end the following3 7ee7 ,failure ,to maintain or permit inspection of records ,it shall be unlawful for a licensed manufacturer or a licensed dealer to fail to comply with section #ice1 or to fail to maintain such records or supply such information as the ,attorney ,general may require in order to ascertain compliance with that section and the regulations and orders issued under that section4 4 #cjc4 ,failure to report loss or theft of firearm ,section #ibb of title #ah1 ,united ,states ,code1 as amended by sections #aja1 #bja1 #cja1 and #cjb of this ,act1 is amended by adding at the end the following3 7ff7 ,failure ,to report loss or theft of firearms ,it shall be unlawful for any person who owns a qualifying firearm to fail to report the loss or theft of the firearm to the ,attorney ,general within #gb hours after the loss or theft is discovered by the person who owns the qualifying firearm4 4 #cjd4 ,failure to provide notice of change of address ,section #ibb of title #ah1 ,united ,states ,code1 as amended by sections #aja1 #bja1 #cja1 #cjb1 and #cjc of this ,act1 is amended by adding at the end the following3 7gg7 ,failure ,to provide notice of change of address ,it shall be unlawful for any individual to whom a firearm owner license has been issued under section #ibc7m7 to fail to report to the ,attorney ,general a change in the address of that individual within #fj days of that change of address4 4 #cje4 ,child access prevention ,section #ibb of title #ah1 ,united ,states ,code1 as amended by sections #aja1 #bja1 #cja1 #cjb1 #cjc1 and #cjd of this ,act1 is amended by adding at the end the following3 7hh7 ,child access prevention 7#a7 ,definition of child ,in this subsection1 the term child means an individual who has not attained #ah years of age4 7#b7 ,prohibition and penalties ,except as provided in paragraph 7#c71 it shall be unlawful for any person to keep a loaded firearm1 or an unloaded firearm and ammunition for the firearm1 any one of which has been shipped or transported in interstate or foreign commerce1 within any premises that is under the custody or control of that person1 if-- 7,a7 that person-- 7i7 knows1 or recklessly disregards the risk1 that a child is capable of gaining access to the firearm2 and 7ii7 either-- 7,i7 knows1 or recklessly disregards the risk1 that a child will use the firearm to cause the death of1 or serious bodily injury 7as defined in section #acfe7 to1 the child or any other individual2 or 7,,ii7 knows1 or reasonably should know1 that possession of the firearm by a child is unlawful under ,federal or ,state law2 and 7,b7 a child uses the firearm and the use of that firearm causes the death of1 or serious bodily injury to1 the child or any other individual4 7#c7 ,exceptions ,paragraph 7#b7 shall not apply if-- 7,a7 at the time the child obtained access1 the firearm was secured with a secure gun storage or safety device2 7,b7 the person is a peace officer1 a member of the ,armed ,forces1 or a member of the ,national ,guard1 and the child obtains the firearm during1 or incidental to1 the performance of the official duties of the person in that capacity2 7,c7 the child uses the firearm in a lawful act of self-defense or defense of #a or more other persons2 or 7,d7 the person has no reasonable expectation1 based on objective facts and circumstances1 that a child is likely to be present on the premises on which the firearm is kept4 4 ,,iv ,enforcement #dja4 ,criminal penalties 7a7 ,failure ,to possess firearm owner license2 failure ,to comply with denial and revocation requirements2 failure ,to comply with qualifying firearm sale or transfer requirements2 failure ,to maintain or permit inspection of records ,section #ibd7;a7 of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 7#i7 ,whoever knowingly violates subsection 7aa71 7bb71 7cc71 or 7ee7 of section #ibb shall be fined under this title1 imprisoned not more than #aj years1 or both4 4 7b7 ,failure ,to comply with firearms transfer requirements2 failure to timely report loss or theft of a qualifying firearm2 failure ,to provide notice of change of address ,section #ibd7;a77#e7 of title #ah1 ,united ,states ,code1 is amended by striking 7s7 or 7t7 and inserting 7t71 7dd71 7ff71 or 7gg74 7c7 ,child access prevention ,section #ibd7;a7 of title #ah1 ,united ,states ,code1 as amended by subsection 7a7 of this section1 is amended by adding at the end the following3 7#aj7 ,whoever violates section #ibb7;hh7 shall be fined under this title1 imprisoned not more than #e years1 or both4 4 #djb4 ,regulations 7a7 ,in ,general ,the ,attorney ,general shall issue regulations governing the licensing of possessors of qualifying firearms and the recorded sale of qualifying firearms1 consistent with this ,act and the amendments made by this ,act1 as the ,attorney ,general determines to be reasonably necessary to-- 7#a7 reduce or prevent deaths or injuries resulting from qualifying firearms2 and 7#b7 assist law enforcement in the apprehension of owners or users of qualifying firearms used in criminal activity4 7b7 ,maximum interval between issuance of proposed and final regulation ,not later than #abj days after the date on which the ,attorney ,general issues a proposed regulation under subsection 7a7 with respect to a matter1 the ,attorney ,general shall issue a final regulation with respect to the matter4 #djc4 ,inspections ,in order to determine compliance with this ,act1 the amendments made by this ,act1 and the regulations and orders issued under this ,act1 the ,attorney ,general may1 during regular business hours1 enter any place in which firearms or firearm products are manufactured1 stored1 or held1 for distribution in commerce1 and inspect those areas where the products are manufactured1 stored1 or held4 #djd4 ,orders ,the ,attorney ,general may issue an order prohibiting the sale or transfer of any firearm that the ,attorney ,general finds has been transferred or distributed in violation of this ,act1 an amendment made by this ,act1 or a regulation issued under this ,act4 #dje4 ,injunctive enforcement ,the ,attorney ,general may bring an action to restrain any violation of this ,act or an amendment made by this ,act in the district court of the ,united ,states for any district in which-- 7#a7 the violation occurs2 or 7#b7 the defendant is found or transacts business4 ,v ,firearm ,injury ,information and ,research #eja4 ,duties of the ,attorney ,general 7a7 ,in general ,the ,attorney ,general shall-- 7#a7 establish and maintain a firearm injury information clearinghouse to collect1 investigate1 analyze1 and disseminate data and information relating to the causes and prevention of death and injury associated with firearms2 7#b7 conduct continuing studies and investigations of firearm-related deaths and injuries2 7#c7 collect and maintain current production and sales figures for each licensed manufacturer2 and 7#d7 conduct a study on the efficacy of firearms that incorporate technology that prevents the use of those firearms by unauthorized users 7commonly known as smart guns71 in the prevention of unintended firearm deaths4 7b7 ,availability of information ,periodically1 but not less frequently than annually1 the ,attorney ,general shall submit to ,congress and make available to the public a report on the activities and findings of the ,attorney ,general under subsection 7a74 ,,vi ,effect on ,state ,law #fja4 ,effect on ,state law 7a7 ,in general ,this ,act and the amendments made by this ,act may not be construed to preempt any provision of the law of any ,state or political subdivision of that ,state1 or prevent a ,state or political subdivision of that ,state from enacting any provision of law regulating or prohibiting conduct with respect to firearms1 except to the extent that the provision of law is inconsistent with any provision of this ,act or an amendment made by this ,act1 and then only to the extent of the inconsistency4 7b7 ,rule of interpretation ,a provision of ,state law is not inconsistent with this ,act or an amendment made by this ,act if the provision imposes a regulation or prohibition of greater scope or a penalty of greater severity than a corresponding prohibition or penalty imposed by this ,act or an amendment made by this ,act4 #fjb4 ,certification of ,state firearm licensing systems and ,state firearm record of sale systems 7a7 ,in general ,chapter #dd of title #ah1 ,united ,states ,code1 as amended by section #bjb of this ,act1 is amended by adding at the end the following3 #icf4 ,certification of ,state firearm licensing systems and ,state firearm record of sale systems ,upon a written request of the chief executive officer of a ,state1 the ,attorney ,general may certify-- 7#a7 a firearm licensing system established by a ,state1 if ,state law requires the system to satisfy the requirements applicable to the ,federal firearm licensing system established under section #ibc7m72 and 7#b7 a firearm record of sale system established by a ,state1 if ,state law requires the head of the ,state agency that administers the system to submit to the ,federal firearm record of sale system established under section #ice7;b7 a copy of each report submitted to the head of the agency under section #ice7;a77#a71 not later than #g days after receipt of the report4 4 7b7 ,clerical amendment ,the table of sections for chapter #dd of title #ah1 ,united ,states ,code1 as amended by section #bjb of this ,act1 is amended by adding at the end the following3 #icf4 ,certification of ,state firearm licensing systems and ,state firearm record of sale systems4 4 ,,vii ,relationship to ,other ,law #gja4 ,subordination to ,arms ,export ,control ,act ,in the event of any conflict between any provision of this ,act or an amendment made by this ,act1 and any provision of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bgea et seq471 the provision of the ,arms ,export ,control ,act shall control4 ,,viii ,inapplicability #hja4 ,inapplicability to governmental authorities ,this ,act and the amendments made by this ,act shall not apply to any department or agency of the ,united ,states1 of a ,state1 or of a political subdivision of a ,state1 or to any official conduct of any officer or employee of such a department or agency4 ,,ix ,effective ,dates of ,amendments #ija4 ,effective dates of amendments 7a7 ,in general ,except as provided in subsections 7b7 and 7c71 the amendments made by this ,act shall take effect #a year after the date of enactment of this ,act4 7b7 ,firearm records ,the amendments made by section #bjb shall take effect on the date of enactment of this ,act1 except as otherwise provided in the amendments made by that section4 7c7 ,firearm transactions ,the amendments made by subsections 7a7 and 7b7 of section #cja shall take effect #ahj days after the date of enactment of this ,act4