[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8907 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 8907
To reform Federal firearms laws, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 28, 2024
Mr. Scott of Virginia (for himself, Ms. Spanberger, Mr. Connolly, Ms.
Wexton, Mr. Beyer, and Ms. McClellan) introduced the following bill;
which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To reform Federal firearms laws, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Virginia Plan to
Reduce Gun Violence Act of 2024''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--FIREARM SALES
Sec. 101. Firearms transfers.
Sec. 102. Handgun sales.
TITLE II--EXTREME RISK PROTECTION ORDERS
Sec. 201. Definitions.
Sec. 202. Extreme risk protection grant program.
Sec. 203. National extreme risk protection order law.
Sec. 204. Federal firearms prohibition.
Sec. 205. Full faith and credit.
TITLE III--FIREARM SAFETY REQUIREMENTS
Sec. 301. Reporting lost or stolen firearms.
Sec. 302. Access to firearms by minors.
Sec. 303. Prohibiting stalkers and individuals subject to court order
from possessing a firearm.
Sec. 304. Causing or enabling a child to gain possession of a firearm.
TITLE I--FIREARM SALES
SEC. 101. FIREARMS TRANSFERS.
(a) Offense.--Section 922 of title 18, United States Code, is
amended by adding at the end the following:
``(aa)(1)(A) It shall be unlawful for any person who is not a
licensed importer, licensed manufacturer, or licensed dealer to
transfer a firearm to any other person who is not so licensed, unless a
licensed importer, licensed manufacturer, or licensed dealer has first
taken possession of the firearm for the purpose of complying with
subsection (t).
``(B) Upon taking possession of a firearm under subparagraph (A), 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 transferee.
``(C) If a transfer of a firearm described in subparagraph (A) will
not be completed for any reason after a licensee takes possession of
the firearm (including because the transfer of the firearm to, or
receipt of the firearm by, the transferee would violate this chapter),
the return of the firearm to the transferor by the licensee shall not
constitute the transfer of a firearm for purposes of this chapter.
``(2) Paragraph (1) shall not apply to--
``(A) a law enforcement agency or any law enforcement
officer, armed private security professional, or member of the
Armed Forces, to the extent the officer, professional, or
member is acting within the course and scope of employment and
official duties;
``(B) a transfer that is a loan or bona fide gift between
spouses, between domestic partners, between parents and their
children, including step-parents and their step-children,
between siblings, between aunts or uncles and their nieces or
nephews, or between grandparents and their grandchildren;
``(C) a transfer to an executor, administrator, trustee, or
personal representative of an estate or a trust that occurs by
operation of law upon the death of another person;
``(D) a temporary transfer that is necessary to prevent
imminent death or great bodily harm, if the possession by the
transferee lasts only as long as immediately necessary to
prevent the imminent death or great bodily harm, including the
harm of domestic violence, dating partner violence, sexual
assault, stalking, and domestic abuse;
``(E) a transfer that is approved by the Attorney General
under section 5812 of the Internal Revenue Code of 1986; or
``(F) a temporary transfer if the transferor has no reason
to believe that the transferee will use or intends to use the
firearm in a crime or is prohibited from possessing firearms
under State or Federal law, and the transfer takes place and
the transferee's possession of the firearm is exclusively--
``(i) at a shooting range or in a shooting gallery
or other area designated for the purpose of target
shooting;
``(ii) while reasonably necessary for the purposes
of hunting, trapping, or fishing, if the transferor--
``(I) has no reason to believe that the
transferee intends to use the firearm in a
place where it is illegal; and
``(II) has reason to believe that the
transferee will comply with all licensing and
permit requirements for such hunting, trapping,
or fishing; or
``(iii) while in the presence of the transferor.
``(3)(A) Notwithstanding any other provision of this chapter, the
Attorney General may implement this subsection with regulations.
``(B) Regulations promulgated under this paragraph may not include
any provision requiring licensees to facilitate transfers in accordance
with paragraph (1).
``(C) Regulations promulgated under this paragraph may not include
any provision requiring persons not licensed under this chapter to keep
records of background checks or firearms transfers.
``(D) Regulations promulgated under this paragraph may not include
any provision placing a cap on the fee licensees may charge to
facilitate transfers in accordance with paragraph (1).
``(4) It shall be unlawful for a licensed importer, licensed
manufacturer, or licensed dealer to transfer possession of, or title
to, a firearm to another person who is not so licensed unless the
importer, manufacturer, or dealer has provided such other person with a
notice of the prohibition under paragraph (1), and such other person
has certified that such other person has been provided with this notice
on a form prescribed by the Attorney General.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect 180 days after the date of enactment of this Act.
SEC. 102. HANDGUN SALES.
(a) Limitation on Multiple Handgun Purchases.--Section 922 of title
18, United States Code, as amended by section 101, is amended by adding
at the end the following:
``(bb)(1) Except as provided in paragraph (2), it shall be unlawful
for any person who is not a licensed importer, licensed manufacturer,
or licensed dealer to purchase more than 1 handgun in a 30-day period.
``(2) Paragraph (1) shall not apply to--
``(A) an individual with a certificate issued by a law
enforcement agency of the State in which the individual resides
certifying the individual has passed an enhanced background
check;
``(B) a law enforcement agency or law enforcement officer
or member of the Armed Forces, to the extent the officer,
professional, or member is acting within the course and scope
of employment and official duties;
``(C) a State or local correctional facility;
``(D) a private security company licensed by the State or
unit of local government in which the company operates; or
``(E) the purchase of a handgun that is--
``(i) an antique firearm; or
``(ii) listed as a curio or relic by the Attorney
General pursuant to section 921(a)(13) by a licensed
collector.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect 180 days after the date of enactment of this Act.
TITLE II--EXTREME RISK PROTECTION ORDERS
SEC. 201. DEFINITIONS.
In this title:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) a State or Indian Tribe--
(i) that enacts legislation described in
section 203;
(ii) with respect to which the Attorney
General determines that the legislation
described in clause (i) complies with the
requirements of section 203; and
(iii) that certifies to the Attorney
General that the State or Indian Tribe shall--
(I) use a grant under section 202
for the purposes described in section
202(b); and
(II) allocate not less than 25
percent of the amount received under
the grant for training for law
enforcement officers; or
(B) a unit of local government or other public or
private entity that--
(i) is located in a State or in the
territory under the jurisdiction of an Indian
Tribe that meets the requirements described in
clauses (i) and (ii) of subparagraph (A); and
(ii) certifies to the Attorney General that
the unit of local government or entity shall--
(I) use a grant under section 202
for the purposes described in section
202(b); and
(II) allocate not less than 25
percent of the amount received under
the grant for training for law
enforcement officers.
(2) Extreme risk protection order.--The term ``extreme risk
protection order'' means a written order or warrant, issued by
a State or Tribal court or signed by a magistrate (or other
comparable judicial officer), the primary purpose of which is
to reduce the risk of firearm-related death or injury by doing
1 or more of the following:
(A) Prohibiting a named individual from having
under the custody or control of the individual, owning,
purchasing, possessing, or receiving a firearm.
(B) Having a firearm removed or requiring the
surrender of firearms from a named individual.
(3) Firearm.--The term ``firearm'' has the meaning given
the term in section 921 of title 18, United States Code.
(4) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term ``Indian tribe'' in section 1709 of the
Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10389).
(5) Law enforcement officer.--The term ``law enforcement
officer'' means a public servant authorized by State, local, or
Tribal law or by a State, local, or Tribal government agency
to--
(A) engage in or supervise the prevention,
detection, investigation, or prosecution of an offense;
or
(B) supervise sentenced criminal offenders.
(6) Petitioner.--The term ``petitioner'' means an
individual authorized under State or Tribal law to petition for
an extreme risk protection order.
(7) State.--The term ``State'' means--
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico; and
(D) any other territory or possession of the United
States.
(8) Unit of local government.--The term ``unit of local
government'' has the meaning given the term in section 901 of
title I of the Omnibus Crime Control and Safe Streets Act of
1968 (34 U.S.C. 10251).
SEC. 202. EXTREME RISK PROTECTION GRANT PROGRAM.
(a) In General.--The Director of the Office of Community Oriented
Policing Services of the Department of Justice shall establish a
program under which, from amounts made available to carry out this
section, the Director may make grants to eligible entities to assist in
carrying out the provisions of the legislation described in section
203.
(b) Use of Funds.--Funds awarded under this section may be used by
an applicant to--
(1) enhance the capacity of law enforcement agencies and
the courts of a State, unit of local government, or Indian
Tribe by providing personnel, training, technical assistance,
data collection, and other resources to carry out legislation
described in section 203;
(2) train judges, court personnel, and law enforcement
officers to more accurately identify individuals whose access
to firearms poses a danger of causing harm to themselves or
others by increasing the risk of firearms suicide or
interpersonal violence;
(3) develop and implement law enforcement and court
protocols, forms, and orders so that law enforcement agencies
and the courts may carry out the provisions of the legislation
described in section 203 in a safe and effective manner,
including through the removal and storage of firearms pursuant
to extreme risk protection orders under the legislation; and
(4) raise public awareness and understanding of the
legislation described in section 203 so that extreme risk
protection orders may be issued in appropriate situations to
reduce the risk of firearms-related death and injury.
(c) Application.--An eligible entity desiring a grant under this
section shall submit to the Attorney General an application at such
time, in such manner, and containing or accompanied by such information
as the Attorney General may reasonably require.
(d) Incentives.--For each of fiscal years 2024 through 2028, the
Attorney General shall give affirmative preference in awarding any
discretionary grant awarded by the Bureau of Justice Assistance to a
State or Indian Tribe that has enacted legislation described in section
203.
(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
SEC. 203. NATIONAL EXTREME RISK PROTECTION ORDER LAW.
(a) Requirements.--Legislation described in this section is
legislation that establishes requirements that are substantially
similar to the following:
(1) Application for extreme risk protection order.--A
petitioner, including a law enforcement officer, may submit an
application to a State or Tribal court, on a form designed by
the court or a State or Tribal agency, that--
(A) describes the facts and circumstances
justifying that an extreme risk protection order be
issued against the named individual; and
(B) is signed by the applicant, under oath.
(2) Notice.--The individual named in an application for an
extreme risk protection order as described in paragraph (1)
shall be given--
(A) written notice of the application;
(B) an opportunity to be heard on the matter in
accordance with this section; and
(C) an opportunity to voluntarily surrender any
firearm in the possession of the individual.
(3) Issuance of extreme risk protection orders.--
(A) Hearing.--
(i) In general.--Upon receipt of an
application described in paragraph (1), or
request of an individual named in such
application, the court shall order a hearing to
be held not later than 30 days after the date
of such application or request.
(ii) Determination.--After a hearing
described in clause (i), if the court finds by
a preponderance of the evidence that the
respondent poses a danger of causing harm to
himself or herself or to another individual by
having access to a firearm, the court may issue
an extreme risk protection order.
(B) Length of extreme risk protection order.--An
extreme risk protection order shall be in effect
until--
(i) an order is entered terminating or
superseding the extreme risk protection order;
or
(ii) the date, if any, specified in the
extreme risk protection order.
(C) Return of firearms.--After a hearing conducted
under this paragraph, if the Court finds that the
respondent does not pose a substantial risk of personal
injury to himself or herself or to another individual
by having access to a firearm, the court shall order
that each firearm surrendered, transferred, or removed
under paragraph (5) shall be returned to the
respondent.
(4) Ex parte extreme risk protection orders.--
(A) In general.--Upon receipt of an application
described in paragraph (1), the court may issue an ex
parte extreme risk protection order before conducting
the hearing required under paragraph (3), if--
(i) the application for an extreme risk
protection order alleges that the respondent
poses a danger of causing harm to himself,
herself, or others in the near future by having
access to a firearm; and
(ii) the court finds there is reasonable
cause to believe that the respondent poses a
danger of causing harm to himself, herself, or
others in the near future by having access to a
firearm.
(B) Length of ex parte extreme risk protection
order.--An ex parte extreme risk protection order shall
be in effect for a period not to exceed 30 days, unless
continued for good cause.
(5) Surrender and removal of firearms.--
(A) In general.--Upon receipt of notice under
paragraph (1), the individual who is the subject of an
extreme risk protection order application shall
surrender to a law enforcement agency, or transfer to a
third party, all firearms in the possession of the
individual.
(B) Removal.--If an individual described in
subparagraph (A) does not surrender or transfer all
firearms in the possession of the individual, the
firearms shall be removed by a law enforcement officer
with appropriate jurisdiction.
(6) Storage of removed firearms.--All firearms removed by,
or surrendered to, a law enforcement officer under paragraph
(5) shall be retained by the law enforcement officer or
appropriate law enforcement agency until the named individual
regains his or her eligibility to possess firearms, except that
the legislation may authorize a law enforcement agency to--
(A) contract with a manufacturer, dealer, or
importer licensed under chapter 44 of title 18, United
States Code, for the secure storage of firearms; and
(B) transfer the firearm upon proof that the named
individual will no longer have access to the firearm.
(7) Notification.--
(A) In general.--A State or tribal court that
issues an extreme risk protection order shall notify
the Department of Justice or the comparable State or
Tribal agency, as applicable, of the order as soon as
practicable. Such notice shall be submitted in an
electronic format, in a manner prescribed by the
Department of Justice or the comparable State or Tribal
agency.
(B) Update of databases.--As soon as practicable
after receiving a notification under subparagraph (A),
the Department of Justice or the comparable State or
Tribal agency shall ensure the extreme risk protection
order is reflected in the National Instant Criminal
Background Check System.
(8) Confidentiality protections.--All personally
identifiable information provided to the court, the Department
of Justice, and comparable State or Tribal agencies shall be
kept confidential, as required by the laws of the jurisdiction,
except as necessary to carry out the legislation.
(b) Additional Authorities.--Legislation described in this section
may--
(1) provide procedures for the termination of an extreme
risk protection order;
(2) provide procedures for the renewal of an extreme risk
protection order;
(3) establish burdens of proof for issuance of orders
described in paragraphs (3) and (4) of subsection (a) that are
higher than the burdens of proof required under those
paragraphs;
(4) limit the individuals who may submit an application
described in subsection (a)(1), provided that, at a minimum,
law enforcement officers are authorized to do so; and
(5) include other authorizations or requirements that the
State or Indian Tribe determines appropriate.
SEC. 204. FEDERAL FIREARMS PROHIBITION.
(a) In General.--Section 922 of title 18, United States Code, is
amended--
(1) in subsection (d)--
(A) in paragraph (10), by striking ``or'' at the
end;
(B) by redesignating paragraph (11) as paragraph
(12);
(C) by inserting after paragraph (10) the
following:
``(11) is subject to a court order that prohibits such
person from having under his or her custody or control, owning,
purchasing, possessing, or receiving any firearms, or requires
the surrender or removal of firearms from the person, provided
that the order--
``(A) is issued in a manner consistent with the due
process rights of the person; and
``(B) is based on a finding that the person poses a
danger of causing harm to himself, herself, or others
by having access to a firearm; or''; and
(D) in paragraph (12), as so redesignated, by
striking ``through (10)'' and inserting ``through
(11)''; and
(2) in subsection (g)--
(A) in paragraph (8)(C)(ii), by striking ``or'' at
the end;
(B) in paragraph (9), by striking the comma at the
end and inserting ``; or''; and
(C) by inserting after paragraph (9) the following:
``(10) is subject to a court order that prohibits such
person from having under his or her custody or control, owning,
purchasing, possessing, or receiving any firearms, or requires
the surrender or removal of firearms from the person, provided
that the order--
``(A) is issued in a manner consistent with the due
process rights of the person; and
``(B) is based on a finding that the person poses a
danger of causing harm to himself, herself, or others
by having access to a firearm.''.
(b) Conforming Amendment.--Section 3(1) of the NICS Improvement
Amendments Act of 2007 (34 U.S.C. 40903(1)) is amended by striking
``section 922(g)(8)'' and inserting ``paragraph (8) or (12) of section
922(g)''.
SEC. 205. FULL FAITH AND CREDIT.
Any extreme risk protection order issued under a State or Tribal
law enacted in accordance with this title shall be accorded the same
full faith and credit by the court of another State or Indian Tribe (in
this section referred to as the ``enforcing State or Indian Tribe'')
and enforced by the court and law enforcement personnel of the other
State or Tribal government as if it were the order of the enforcing
State or Tribe.
TITLE III--FIREARM SAFETY REQUIREMENTS
SEC. 301. REPORTING LOST OR STOLEN FIREARMS.
(a) Offense.--
(1) In general.--Section 922 of title 18, United States
Code, as amended by section 102, is amended by adding at the
end the following:
``(cc)(1) It shall be unlawful for a person to fail to provide
notice to an appropriate State or local law enforcement agency of a
firearm of the individual which has been shipped or transported in
interstate or foreign commerce, other than an antique firearm, that was
lost or stolen within 48 hours after the person discovers the loss or
theft or is informed by another person with knowledge of the loss or
theft.
``(2) Except as provided in paragraph (3), a person who, in good
faith, reports the loss or theft of a firearm under this subsection
shall not be liable for any acts or omissions that result from the
theft or loss of the firearm.
``(3) Paragraph (2) shall not apply to any person who--
``(A) knowingly reports a false loss or theft under this
subsection; or
``(B) stored the firearm in a reckless or negligent manner
under this subsection.''.
(2) Penalty.--Section 924 of title 18, United States Code,
is amended--
(A) in subsection (a)(1), by striking ``or (p)''
and inserting ``(p), or (q)''; and
(B) by adding at the end the following:
``(q) A person who violates section 922(cc) shall be subject to a
civil penalty of not more than $250.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect 180 days after the date of enactment of this Act.
(c) Reporting.--
(1) In general.--Each State and local law enforcement
agency shall report to the National Crime Information Center
any lost or stolen firearm that is reported to the agency under
section 922(cc) of title 18, United States Code, as amended by
subsection (a).
(2) Use of funds requirements.--Section 502(a) of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (34
U.S.C. 10153(a)) is amended by adding at the end the following:
``(7) An assurance that, for each fiscal year covered by an
application, the applicant will use not less than 5 percent of
the total amount of the grant award for the fiscal year to
study and implement effective management and collection of data
relating to lost or stolen firearms reported to the a law
enforcement agency of the applicant under section 922(cc) of
title 18, United States Code, unless the applicant has ensured,
and the Attorney General has certified, that the applicant and
each local law enforcement agency of the applicant is in
substantial compliance with the reporting requirement in
section 301(c)(1) of the Virginia Plan to Reduce Gun Violence
Act of 2024.''.
SEC. 302. ACCESS TO FIREARMS BY MINORS.
(a) Offense.--Section 922(z) of title 18, United States Code, is
amended by adding at the end the following:
``(4) Minors.--
``(A) In general.--It shall be unlawful for a
person to recklessly leave a loaded and unsecured
firearm, which has moved in, or that has otherwise
affected, interstate or foreign commerce, in such a
manner as to endanger the life or limb of any other
person who is under the age of 14.
``(B) Exceptions.--Subparagraph (A) shall not apply
to a person if the person--
``(i) keeps the firearm--
``(I) secure using a secure gun
storage or safety device; or
``(II) in a location which a
reasonable person would believe to be
secure; or
``(ii) 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 person.''.
(b) Penalty.--Section 924 of title 18, United States Code, as
amended by section 301, is amended--
(1) in subsection (a)(1), by striking ``or (q)'' and
inserting ``(q), or (r)''; and
(2) by adding at the end the following:
``(r) A person who violates section 922(z)(4) shall be imprisoned
for not more than 1 year, fined not more than $2,500, or both.''.
(c) Effective Date.--The amendment made by subsection (a) shall
take effect 180 days after the date of enactment of this Act.
SEC. 303. PROHIBITING STALKERS AND INDIVIDUALS SUBJECT TO COURT ORDER
FROM POSSESSING A FIREARM.
(a) In General.--Section 922 of title 18, United States Code, as
amended by section 204 of this Act, is amended--
(1) in subsection (d)--
(A) in paragraph (8), by striking ``that restrains
such person'' and all that follows, and inserting
``described in subsection (g)(8);'';
(B) in paragraph (11)(B), by striking ``or'' at the
end;
(C) by redesignating paragraph (12) as paragraph
(13);
(D) by inserting after paragraph (11) the
following:
``(12) has been convicted in any court of a misdemeanor
crime of stalking; or''; and
(E) in paragraph (13), as so redesignated, by
striking ``through (11)'' and inserting ``through
(12)''; and
(2) in subsection (g)--
(A) by amending paragraph (8) to read as follows:
``(8) who is subject to a court order--
``(A) that was issued--
``(i) after a hearing of which such person
received actual notice, and at which such
person had an opportunity to participate; or
``(ii) in the case of an ex parte order,
relative to which notice and opportunity to be
heard are provided--
``(I) within the time required by
State, tribal, or territorial law; and
``(II) in any event within a
reasonable time after the order is
issued, sufficient to protect the due
process rights of the person;
``(B) that restrains such person from--
``(i) harassing, stalking, or threatening
an intimate partner of such person or child of
such intimate partner or person, or engaging in
other conduct that would place an intimate
partner in reasonable fear of bodily injury to
the partner or child; or
``(ii) intimidating or dissuading a witness
from testifying in court; and
``(C) that--
``(i) includes a finding that such person
represents a credible threat to the physical
safety of such individual described in
subparagraph (B); or
``(ii) by its terms explicitly prohibits
the use, attempted use, or threatened use of
physical force against such individual
described in subparagraph (B) that would
reasonably be expected to cause bodily
injury;'';
(B) in paragraph (9), by striking ``or'' at the
end;
(C) in paragraph (10), by striking the comma at the
end and inserting ``; or''; and
(D) by inserting after paragraph (10) the
following:
``(11) who has been convicted in any court of a misdemeanor
crime of stalking,''.
(b) Definition.--Section 921(a) of title 18, United States Code, is
amended--
(1) by redesignating paragraphs (34) and (35) as paragraphs
(35) and (36) respectively; and
(2) by inserting after paragraph (33) the following:
``(34)(A) The term `misdemeanor crime of stalking' means an
offense that--
``(i) is a misdemeanor crime of stalking under
Federal, State, Tribal, or municipal law; and
``(ii) is a course of harassment, intimidation, or
surveillance of another person that--
``(I) places that person in reasonable fear
of material harm to the health or safety of--
``(aa) that person;
``(bb) an immediate family member
(as defined in section 115) of that
person;
``(cc) a household member of that
person; or
``(dd) a spouse or intimate partner
of that person; or
``(II) causes, attempts to cause, or would
reasonably be expected to cause emotional
distress to a person described in item (aa),
(bb), (cc), or (dd) of subclause (I).
``(B) A person shall not be considered to have been
convicted of such an offense for purposes of this chapter,
unless--
``(i) the person was represented by counsel in the
case, or knowingly and intelligently waived the right
to counsel in the case; and
``(ii) in the case of a prosecution for an offense
described in this paragraph for which a person was
entitled to a jury trial in the jurisdiction in which
the case was tried, either--
``(I) the case was tried by a jury; or
``(II) the person knowingly and
intelligently waived the right to have the case
tried by a jury, by guilty plea or otherwise.
``(C) A person shall not be considered to have been
convicted of such an offense for purposes of this
chapter if the conviction has been expunged or set
aside, or is an offense for which the person has been
pardoned or has had civil rights restored (if the law
of the applicable jurisdiction provides for the loss of
civil rights under such an offense) unless the pardon,
expungement, or restoration of civil rights expressly
provides that the person may not ship, transport,
possess, or receive firearms.''.
SEC. 304. CAUSING OR ENABLING A CHILD TO GAIN POSSESSION OF A FIREARM.
(a) In General.--Section 922 of title 18, United States Code, as
amended by section 301, is amended by adding at the end the following:
``(dd)(1) In this subsection--
``(A) the term `covered caregiver' means a parent, a
guardian, or another person who is not less than 18 years of
age who is responsible for the care of a child under 18 years
of age; and
``(B) the term `violent felony' has the meaning given that
term in section 924(e)(2).
``(2) It shall be unlawful for a covered caregiver to, through a
willful act or a willful failure to act, cause or enable a child in the
care of the covered caregiver who is under 18 years of age to gain
possession of a firearm--
``(A) after having received notice from a child welfare (or
other comparable) agency, from a mental health provider for the
child, or from an educational institution attended by the child
that the child poses a risk of violence or physical harm to
himself or herself or to others; or
``(B) after the covered caregiver knows or reasonably
should know that--
``(i) the child has charges pending for or has been
convicted or adjudicated delinquent of a violent
felony; or
``(ii) the child has been determined by a State,
local, Tribal, or Federal court to pose a risk of
physical harm to himself or herself or to others.
``(3)(A) A covered caregiver shall not be in violation of paragraph
(2)(A) if, at the time of the applicable act or failure to act, the
covered caregiver has received notice from a provider or entity listed
in such paragraph that the child no longer poses a risk of violence or
physical harm to himself or herself or to others.
``(B) A covered caregiver shall not be in violation of paragraph
(2)(B) if, at the time of the applicable act or failure to act, the
covered caregiver has received notice that any pending charge for a
violent felony has been dismissed or a nolle prosequi has been entered.
``(4) It is an affirmative defense to prosecution for a violation
of paragraph (2) that the covered caregiver enabled a child to gain
possession of a firearm while in a dwelling because of a reasonable
belief that the covered caregiver or the child was in imminent danger
of bodily injury.''.
(b) Penalty.--Section 924 of title 18, United States Code, as
amended by section 302, is amended--
(1) in subsection (a)(1), by striking ``or (r)'' and
inserting ``(r), or (s)''; and
(2) by adding at the end the following:
``(s) A person who violates section 922(dd) shall be fined under
this title, imprisoned for not more than 10 years, or both.''.
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