[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3435 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 3435
To encourage States to allow local governments to implement laws to
reduce gun violence, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 24, 2019
Mr. Clay (for himself, Ms. Kelly of Illinois, Mrs. Demings, Mr. Rush,
Mr. Carson of Indiana, Ms. Schakowsky, and Ms. Norton) introduced the
following bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To encourage States to allow local governments to implement laws to
reduce gun violence, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Local Public Health And Safety
Protection Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) When it comes to gun violence, local laws serve the
important purpose of addressing the unique issues and dangers
facing each different community.
(2) Most State constitutions generally allocate authority
to local governments to regulate in the interests of the public
health, safety, and welfare. States that have removed authority
from local governments to regulate guns and ammunition have
created a dangerous exception to the traditional rule of local
authority.
(3) Broad State preemption statutes ignore important local
variations that may necessitate distinct approaches to the
problem of gun violence. State preemption statutes threaten
public safety because they prevent local governments from
implementing customized solutions to gun violence in their
communities.
(4) By mandating a one-size-fits-all approach to firearms
regulation, preemption statutes deprive the public of a
critical problem-solving resource--local innovation. Local
governments are often the source of cutting-edge laws to reduce
gun violence, which are proven successful and later adopted at
the statewide level.
(5) State preemption statutes impede local government's
ability to fill regulatory gaps created by inaction at the
State and Federal level. Restrictions on State and Federal
resources also make an extra level of local involvement
necessary to properly enforce many gun laws. For example, local
law enforcement may provide much needed oversight of gun
businesses, which the Bureau of Alcohol, Tobacco, Firearms &
Explosives is too underfunded to provide.
(6) States should not prohibit or restrict a local
government from imposing or implementing laws that are more
restrictive than the laws of the relevant State with respect
to--
(A) any background check requirement in relation to
any firearm transaction;
(B) the ability to carry a firearm in public places
or in locations owned or controlled by a unit of local
government;
(C) any requirement relating to the sale of
ammunition, such as a limitation on the amount an
individual is allowed to purchase at one time;
(D) any additional requirements relating to
licensing or permitting the purchase of a firearm;
(E) any requirement that firearm owners safely
store their firearms, or prevent children or any other
unauthorized person from accessing their firearms;
(F) taxes on the sale of firearms and ammunition,
unless the State prohibits or restricts local
governments from imposing such taxes on most other
consumer products;
(G) the sale, transfer, or possession of specific
types of unusually dangerous firearms and accessories,
such as assault weapons, bump stocks, and high capacity
magazines;
(H) the discharge of firearms in public parks and
other public places;
(I) zoning restrictions on gun dealers; and
(J) purchasing or obtaining a firearm on behalf of
a third party.
SEC. 3. GRANTS TO REDUCE GUN VIOLENCE THROUGH LOCAL REGULATION.
(a) In General.--The Attorney General may make grants to States
that meet the eligibility requirements of subsection (b) for the
purposes described in subsection (c)(4).
(b) Eligibility.--
(1) In general.--To be eligible for a grant under this
section, a State may not through statute or regulation prohibit
or restrict a local government from imposing laws that are more
restrictive than the laws of the relevant State with respect
to--
(A) any background check requirement in relation to
any firearm transaction;
(B) the ability to carry a firearm in public places
or in locations owned or controlled by a unit of local
government;
(C) any requirement relating to the sale of
ammunition, such as a limitation on the amount an
individual is allowed to purchase at one time;
(D) any additional requirements relating to
licensing or permitting the purchase of a firearm;
(E) any requirement that firearm owners safely
store their firearms, or prevent children or any other
unauthorized person from accessing their firearms;
(F) taxes on the sale of firearms and ammunition,
unless the State prohibits or restricts local
governments from imposing such taxes on most other
consumer products;
(G) the sale, transfer, or possession of specific
types of unusually dangerous firearms and accessories,
such as assault weapons, bump stocks, and high capacity
magazines;
(H) the discharge of firearms in public parks and
other public places;
(I) zoning restrictions on gun dealers; and
(J) purchasing or obtaining a firearm on behalf of
a third party.
(2) Application.--To receive a grant under this section, a
State shall submit to the Attorney General an application at
such time, in such manner, and containing such information as
the Attorney General may reasonably require.
(c) Subgrants.--
(1) In general.--A State that receives a grant under this
section shall use the grant to make subgrants to any local
government that has enacted a law that is more restrictive than
the laws of the State with respect to at least 1 of the
following:
(A) Any background check requirement in relation to
any firearm transaction.
(B) The ability to carry a firearm in public places
or in locations owned or controlled by a unit of local
government.
(C) Any requirement relating to the sale of
ammunition, such as a limitation on the amount an
individual is allowed to purchase at one time.
(D) Any additional requirements relating to
licensing or permitting the purchase of a firearm.
(E) Any requirement that firearm owners safely
store their firearms, or prevent children or any other
unauthorized person from accessing their firearms.
(F) Taxes on the sale of firearms and ammunition,
unless the State prohibits or restricts local
governments from imposing such taxes on most other
consumer products.
(G) The sale, transfer, or possession of specific
types of unusually dangerous firearms and accessories,
such as assault weapons, bump stocks, and high capacity
magazines.
(H) The discharge of firearms in public parks and
other public places.
(I) Zoning restrictions on gun dealers.
(J) Purchasing or obtaining a firearm on behalf of
a third party.
(2) Eligibility.--To be eligible for a subgrant under this
subsection, a local government shall submit to the State an
application for the subgrant, at such time, in such manner, and
containing such information as the State may reasonably
require.
(3) Preference in awards.--A State shall give preference in
the awarding of the subgrants to local governments that have
disproportionate levels of gun violence or gun homicide.
(4) Use of funds.--A subgrantee under this section shall
use the subgrant to implement and enforce any requirement
referred to in paragraph (1), including through the development
of protocols, policies, procedures, or training for law
enforcement, and the development or use of technology by law
enforcement, in connection with the implementation or
enforcement of any such requirement.
(d) Administration.--A State that receives a grant under this
section may use not more than 5 percent of the grant for the
administration of subgrants under subsection (c) .
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