[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1008 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 1008
To provide for the development and use of technology for personalized
handguns, to require that all handguns manufactured or sold in, or
imported into, the United States incorporate such technology, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 11, 2021
Mrs. Carolyn B. Maloney of New York (for herself and Mr. Carson)
introduced the following bill; which was referred to the Committee on
the Judiciary, and in addition to the Committee on Energy and Commerce,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of
the committee concerned
_______________________________________________________________________
A BILL
To provide for the development and use of technology for personalized
handguns, to require that all handguns manufactured or sold in, or
imported into, the United States incorporate such technology, 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 ``Handgun Trigger Safety Act of
2021''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) It is in the interest of the United States to protect
its citizens from handgun violence and accidental firearm
deaths.
(2) Personalizing handguns would prevent unauthorized
users, whether children, criminals, or others, from misusing
the weapons.
(3) Personalizing handguns would allow authorized users to
continue to lawfully own and use their handguns more safely.
(4) From 2011 to 2015, according to the Centers for Disease
Control, an average of 544 Americans died in firearm accidents
each year.
(5) According to research from Everytown for Gun Safety, an
unintentional shooting involving a child happens every 34 hours
in the United States.
(6) According to the National Crime Victimization Survey,
almost 350,000 incidents of firearm theft from private citizens
occur each year.
(7) According to the Federal Bureau of Investigation, 24
law enforcement officers were killed with their own weapon
between 2006 and 2015.
(8) According to the Federal Bureau of Investigation,
almost half of all murders in the United States in 2015 were
committed with handguns.
TITLE I--TECHNOLOGY FOR PERSONALIZED HANDGUNS GRANTS
SEC. 101. DEFINITIONS.
In this title:
(1) Authorized user.--The term ``authorized user'', with
respect to a firearm, means--
(A) the lawful owner of the firearm; and
(B) any individual who is--
(i) authorized by the lawful owner of the
firearm to use the firearm; and
(ii) authorized, under the law of the State
where the firearm is being used, to own, carry,
or use a firearm in the State.
(2) Handgun.--The term ``handgun'' has the meaning given
the term in section 921(a)(29) of title 18, United States Code.
(3) Personalized handgun.--The term ``personalized
handgun'' means a handgun that--
(A) enables only an authorized user of the handgun
to fire the handgun; and
(B) is manufactured in such a manner that the
firing restriction described in subparagraph (A)--
(i) is incorporated into the design of the
handgun;
(ii) is not sold as an accessory; and
(iii) cannot be readily removed or
deactivated.
(4) Qualified entity.--The term ``qualified entity''
means--
(A) a State or unit of local government;
(B) a nonprofit or for-profit organization; or
(C) an institution of higher education (as defined
in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001)).
(5) Retrofitted personalized handgun.--The term
``retrofitted personalized handgun'' means a handgun fitted
with a device that--
(A) enables only an authorized user of the handgun
to fire the handgun; and
(B) cannot be readily removed or deactivated.
SEC. 102. AUTHORIZATION.
The Attorney General, acting through the Director of the National
Institute of Justice (referred to in this title as the ``Director''),
shall make grants to qualified entities to develop technology for
personalized handguns.
SEC. 103. APPLICATIONS.
A qualified entity seeking a grant under this title shall submit to
the Director an application at such time, in such manner, and
containing such information as the Director may reasonably require.
SEC. 104. USES OF FUNDS.
A qualified entity that receives a grant under this title--
(1) shall use not less than 70 percent of the amount of the
grant to develop technology for personalized handguns;
(2) may use not more than 20 percent of the amount of the
grant to develop technology for retrofitted personalized
handguns; and
(3) may use not more than 10 percent of the amount of the
grant for administrative costs associated with the development
of technology funded under this title.
SEC. 105. TERM; RENEWAL.
(a) Term.--A grant awarded under this title shall be for a term of
1 year.
(b) Renewal.--A qualified entity receiving a grant under this title
may renew the grant by submitting to the Director an application for
renewal at such time, in such manner, and containing such information
as the Director may reasonably require.
SEC. 106. REPORTS.
(a) Reports to Director.--A qualified entity receiving a grant
under this title shall submit to the Director such reports, at such
time, in such manner, and containing such information as the Director
may reasonably require.
(b) Reports to Congress.--Each year, the Director shall submit to
Congress a report that contains a summary of the information submitted
to the Director under subsection (a) during the previous year.
SEC. 107. REGULATIONS.
The Director may promulgate such guidelines, rules, regulations,
and procedures as may be necessary to carry out this title.
SEC. 108. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this title
$2,000,000 for each of the first 2 fiscal years beginning after the
date of the enactment of this Act.
TITLE II--CONSUMER PRODUCT SAFETY COMMISSION SAFETY STANDARD
SEC. 201. DEFINITIONS.
In this title:
(1) Antique firearm; firearm; handgun.--The terms ``antique
firearm'', ``firearm'', and ``handgun'' have the meaning given
those terms in section 921 of title 18, United States Code.
(2) Authorized user.--The term ``authorized user'', with
respect to a firearm, means--
(A) the lawful owner of the firearm; and
(B) any individual who is--
(i) authorized by the lawful owner of the
firearm to use the firearm; and
(ii) authorized, under the law of the State
where the firearm is being used, to own, carry,
or use a firearm in the State.
(3) Commission.--The term ``Commission'' means the Consumer
Product Safety Commission.
(4) Consumer product safety rule.--The term ``consumer
product safety rule'' has the meaning given the term in section
3(a) of the Consumer Product Safety Act (15 U.S.C. 2052(a)).
(5) Manufactured and manufacturer.--The terms
``manufactured'' and ``manufacturer'' have the meaning given
those terms in section 3(a) of the Consumer Product Safety Act
(15 U.S.C. 2052(a)).
(6) Personalized handgun.--The term ``personalized
handgun'' means a handgun that--
(A) enables only an authorized user of a handgun to
fire the handgun; and
(B) is manufactured in such a manner that the
firing restriction described in subparagraph (A)--
(i) is incorporated into the design of the
handgun;
(ii) is not sold as an accessory; and
(iii) cannot be readily removed or
deactivated.
(7) Retrofitted personalized handgun.--The term
``retrofitted personalized handgun'' means a handgun fitted
with a device that--
(A) enables only an authorized user of a handgun to
fire the handgun; and
(B) cannot be readily removed or deactivated.
(8) State and united states.--The terms ``State'' and
``United States'' have the meaning given those terms in section
3(a) of the Consumer Product Safety Act (15 U.S.C. 2052(a)).
(9) To distribute in commerce and distribution in
commerce.--The terms ``to distribute in commerce'' and
``distribution in commerce'' have the meaning given those terms
in section 3(a) of the Consumer Product Safety Act (15 U.S.C.
2052(a)).
SEC. 202. PROHIBITION ON MANUFACTURING AND DISTRIBUTION OF HANDGUNS
THAT ARE NOT PERSONALIZED HANDGUNS.
(a) Prohibition.--
(1) Manufacturing.--Beginning on the date that is 5 years
after the date of enactment of this Act, no person may
manufacture in the United States a handgun that is not a
personalized handgun.
(2) Distribution in commerce.--Beginning on the date that
is 10 years after the date of enactment of this Act, no person
may distribute in commerce any handgun that is not a
personalized handgun or a retrofitted personalized handgun.
(3) Exemptions for antique firearms and military
firearms.--Paragraphs (1) and (2) shall not apply to--
(A) an antique firearm;
(B) the manufacture of a firearm that is sold to
the Department of Defense; or
(C) the sale or distribution of a firearm to the
Department of Defense.
(b) Enforcement by Consumer Product Safety Commission.--
(1) Treatment of violation.--Notwithstanding section
3(a)(5)(E) of the Consumer Product Safety Act (15 U.S.C.
2052(a)(5)(E)), a violation of subsection (a) or any rule
promulgated by the Commission pursuant to paragraph (4) shall
be treated as a violation of section 19(a)(1) of the Consumer
Product Safety Act (15 U.S.C. 2068(a)(1)).
(2) Treatment as consumer product safety standards.--
Notwithstanding section 3(a)(5)(E) of the Consumer Product
Safety Act (15 U.S.C. 2052(a)(5)(E)), subsection (a) and any
rule promulgated pursuant to paragraph (4) shall be considered
consumer product safety rules.
(3) Powers of commission.--
(A) In general.--The Commission shall enforce this
section in the same manner, by the same means, and with
the same jurisdiction, powers, and duties as though all
applicable terms and provisions of the Consumer Product
Safety Act (15 U.S.C. 2051 et seq.) were incorporated
into and made a part of this section.
(B) Privileges and immunities.--Any person who
violates this section shall be subject to the penalties
and entitled to the privileges and immunities provided
in the Consumer Product Safety Act (15 U.S.C. 2051 et
seq.).
(4) Regulations.--The Commission, in consultation with the
Attorney General and the Director of the National Institute of
Justice, may promulgate such rules as the Commission considers
appropriate to carry out this section.
(c) Enforcement by States.--
(1) In general.--In any case in which the attorney general
of a State has reason to believe that an interest of the
residents of the State has been or is threatened or adversely
affected by the engagement of any person in a practice that
violates subsection (a), the attorney general of the State may,
as parens patriae, bring a civil action on behalf of the
residents of the State in an appropriate district court of the
United States--
(A) to enjoin further violation of such subsection
by such person;
(B) to compel compliance with such subsection;
(C) to obtain damages, restitution, or other
compensation on behalf of such residents; or
(D) to such civil penalties and other relief as the
court considers appropriate.
(2) Rights of consumer product safety commission.--
(A) Notice to consumer product safety commission.--
(i) In general.--Except as provided in
clause (iii), the attorney general of a State
shall notify the Commission in writing that the
attorney general intends to bring a civil
action under paragraph (1) not later than 10
days before initiating the civil action.
(ii) Contents.--The notification required
by clause (i) with respect to a civil action
shall include a copy of the complaint to be
filed to initiate the civil action.
(iii) Exception.--If it is not feasible for
the attorney general of a State to provide the
notification required by clause (i) before
initiating a civil action under paragraph (1),
the attorney general shall notify the
Commission immediately upon instituting the
civil action.
(B) Intervention by consumer product safety
commission.--The Commission may--
(i) intervene in any civil action brought
by the attorney general of a State under
paragraph (1); and
(ii) upon intervening--
(I) be heard on all matters arising
in the civil action; and
(II) file petitions for appeal of a
decision in the civil action.
(3) Investigatory powers.--Nothing in this subsection may
be construed to prevent the attorney general of a State from
exercising the powers conferred on the attorney general by the
laws of the State to conduct investigations, to administer
oaths or affirmations, or to compel the attendance of witnesses
or the production of documentary or other evidence.
(4) Preemptive action by consumer product safety
commission.--If the Commission institutes a civil action or an
administrative action with respect to a violation of subsection
(b), the attorney general of a State may not, during the
pendency of such action, bring a civil action under paragraph
(1) against any defendant named in the complaint of the
Commission for the violation with respect to which the
Commission instituted such action.
(5) Venue; service of process.--
(A) Venue.--Any action brought under paragraph (1)
may be brought in--
(i) the district court of the United States
that meets applicable requirements relating to
venue under section 1391 of title 28, United
States Code; or
(ii) another court of competent
jurisdiction.
(B) Service of process.--In an action brought under
paragraph (1), process may be served in any district in
which the defendant--
(i) is an inhabitant; or
(ii) may be found.
(6) Actions by other state officials.--
(A) In general.--In addition to civil actions
brought by attorneys general under paragraph (1), any
other officer of a State who is authorized by the State
to do so may bring a civil action under paragraph (1),
subject to the same requirements and limitations that
apply under this subsection to civil actions brought by
attorneys general.
(B) Savings provision.--Nothing in this subsection
may be construed to prohibit an authorized official of
a State from initiating or continuing any proceeding in
a court of the State for a violation of any civil or
criminal law of the State.
(d) Cost of Retrofitting.--
(1) Cost borne by manufacturers.--Upon the request of the
owner of a handgun that was manufactured in the United States
and that is not a personalized handgun or retrofitted
personalized handgun, the manufacturer of the handgun--
(A) shall--
(i) retrofit the handgun so that the
handgun is a retrofitted personalized handgun;
and
(ii) return the handgun to the owner within
a reasonable period of time; and
(B) may not request compensation for the retrofit
from the owner.
(2) Rulemaking.--Not later than 1 year after the date of
enactment of this Act, the Commission, in consultation with the
Attorney General and the Director of the National Institute of
Justice, shall by regulation establish the maximum period of
time within which a manufacturer that receives a request from
the owner of a handgun under paragraph (1) shall retrofit and
return the handgun to the owner.
(3) Reimbursement from department of justice assets
forfeiture fund.--Section 524(c)(1) of title 28, United States
Code, is amended--
(A) in subparagraph (H), by striking ``and'' at the
end;
(B) in subparagraph (I), by striking the period at
the end and inserting ``; and''; and
(C) by inserting after subparagraph (I) the
following:
``(J) payments to reimburse manufacturers of handguns for
the costs of retrofitting handguns to comply with the
requirement under section 202(d)(1) of the Handgun Trigger
Safety Act of 2021.''.
(e) Relation to State Law.--This section shall not be construed as
superseding, altering, or affecting any provision of law of a State,
except to the extent that such provision of law is inconsistent with
the provisions of this section, and then only to the extent of the
inconsistency.
TITLE III--EXEMPTION FROM THE PROTECTION OF LAWFUL COMMERCE IN ARMS ACT
SEC. 301. EXEMPTIONS FROM THE PROTECTION OF LAWFUL COMMERCE IN ARMS
ACT.
Section 4 of the Protection of Lawful Commerce in Arms Act (15
U.S.C. 7903) is amended--
(1) in paragraph (4)--
(A) by striking ``The term `qualified product'
means'' and inserting the following: ``The term
`qualified product'--
``(i) except as provided in clause (ii),
means'';
(B) by striking the period at the end and inserting
``; and''; and
(C) by adding at the end the following:
``(ii) does not include a handgun that--
``(I) is manufactured on or after
the date that is 5 years after the date
of enactment of the Handgun Trigger
Safety Act of 2021; and
``(II) is not a--
``(aa) personalized
handgun; or
``(bb) retrofitted
personalized handgun.''; and
(2) by adding at the end the following:
``(10) Authorized user.--The term `authorized user', with
respect to a firearm, means--
``(A) the lawful owner of the firearm; and
``(B) any individual who is--
``(i) authorized by the lawful owner of the
firearm to use the firearm; and
``(ii) authorized, under the law of the
State where the firearm is being used, to own,
carry, or use a firearm in the State.
``(11) Handgun.--The term `handgun' has the meaning given
the term in section 921(a)(29) of title 18, United States Code.
``(12) Personalized handgun.--The term `personalized
handgun' means a handgun that--
``(A) enables only an authorized user of the
handgun to fire the handgun; and
``(B) is manufactured in such a manner that the
firing restriction described in subparagraph (A)--
``(i) is incorporated into the design of
the handgun;
``(ii) is not sold as an accessory; and
``(iii) cannot be readily removed or
deactivated.
``(13) Retrofitted personalized handgun.--The term
`retrofitted personalized handgun' means a handgun fitted with
a device that--
``(A) enables only an authorized user of the
handgun to fire the handgun; and
``(B) cannot be readily removed or deactivated.''.
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