[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8991 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 8991
To amend chapter 44 of title 18, United States Code, to prohibit a
person from engaging in the business of destroying firearms unless such
person has received a license to do so from the Attorney General, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 10, 2024
Mr. Schiff (for himself, Mr. Goldman of New York, Mr. Amo, and Mr.
Frost) introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend chapter 44 of title 18, United States Code, to prohibit a
person from engaging in the business of destroying firearms unless such
person has received a license to do so from the Attorney General, 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 ``Firearm Destruction Licensure Act of
2024''.
SEC. 2. LICENSE REQUIRED TO ENGAGE IN THE BUSINESS OF DESTROYING
FIREARMS.
(a) Definitions.--Section 921(a) of title 18, United States Code,
is amended--
(1) in paragraph (11)--
(A) by striking ``or (C)'' and inserting ``(C)'';
and
(B) by inserting ``, or (D) any person who is a
firearm destroyer'' after ``pawnbroker'';
(2) in paragraph (21)--
(A) by redesignating subparagraphs (E) and (F) as
subparagraphs (F) and (G), respectively; and
(B) by inserting after subparagraph (D) the
following:
``(E) as applied to destroying firearms, engaging in a
business or occupation that includes receiving a firearm for
the purposes of destroying such firearm;''; and
(3) by adding at the end the following:
``(38) The term `firearm destroyer'--
``(A) means any person engaged in the business of
destroying firearms; and
``(B) does not include a local law enforcement authority,
Federal law enforcement agency, or any other entity of a
Federal, State, local, or Tribal government.
``(39) The term `covered method of firearm destruction' means a
method that renders a firearm and all parts, attachments, accessories,
or other components received with such firearm unable to be restored to
working condition and otherwise reduced to scrap.''.
(b) Unlawful Acts.--Section 922 of title 18, United States Code, is
amended--
(1) in subsection (a)(1)--
(A) in subparagraph (A) by striking ``; or'' and
inserting a semicolon;
(B) in subparagraph (B) by adding ``or'' at the
end; and
(C) by adding at the end the following:
``(C) except a licensed dealer to engage in the
business of destroying firearms;''; and
(2) in subsection (u) by inserting ``destroying,'' after
``manufacturing,''.
(c) Licensing.--Section 923 of title 18, United States Code, is
amended--
(1) in subsection (a) by inserting ``destroying,'' before
``or dealing'';
(2) in subsection (d)(1)(G)--
(A) by striking ``that secure'' and inserting the
following: ``that--
``(i) secure'';
(B) by striking the period at the end and inserting
``; and''; and
(C) by adding at the end the following:
``(ii) if the applicant receives a firearm from a
local law enforcement authority, Federal law
enforcement agency, or any other entity of a Federal,
State, local, or Tribal government for the purposes of
destroying such firearm, the applicant will destroy
such firearm using a covered method of firearm
destruction.'';
(3) in subsection (g)--
(A) in paragraph (1)(A) by inserting
``destruction,'' after ``sale,''; and
(B) by adding at the end the following:
``(8)(A) Not later than 1 year after the effective date of the
Firearm Destruction Licensure Act of 2024, and each year thereafter,
each licensed dealer who is a firearm destroyer shall submit a report
to the Director of the Bureau of Alcohol, Tobacco, Firearms and
Explosives on the number of firearms the licensed dealer destroyed
during the previous year, including the number of firearms that the
licensed dealer--
``(i) received for the purposes of destroying such
firearms;
``(ii) received from a local law enforcement authority,
Federal law enforcement agency, or any other entity of a
Federal, State, local, or Tribal government and destroyed using
a covered method of firearm destruction; and
``(iii) destroyed other than pursuant to clause (ii),
including the number of firearms whereby the licensed dealer
destroyed the frame, receiver, or other part, attachment,
accessory, or other component of a firearm but did not render
all parts, attachments, accessories, or other components
received with such firearm unable to be restored to working
condition and otherwise reduced to scrap.
``(B) The Attorney General, acting through the Director of the
Bureau of Alcohol, Tobacco, Firearms and Explosives, shall make
publicly available--
``(i) each report submitted under subparagraph (A); and
``(ii) an aggregate of the information submitted under
subparagraph (A).''; and
(4) by adding at the end the following:
``(m) A licensed dealer who receives a firearm from a local law
enforcement authority, Federal law enforcement agency, or any other
entity of a Federal, State, local, or Tribal government for the
purposes of destroying such firearm shall--
``(1) destroy such firearm using a covered method of
firearm destruction, unless the licensed dealer and such entity
agree otherwise; and
``(2) make publicly available information regarding any
amount the licensed dealer charges a local law enforcement
authority, Federal law enforcement agency, or any other entity
of a Federal, State, local, or Tribal government to destroy
firearms.''.
(d) Penalties.--Section 924(a)(5) of title 18, United States Code,
is amended by inserting ``(a)(1)(C),'' before ``(s) or (t)''.
(e) Grants for Destroying Firearms.--The Brady Handgun Violence
Prevention Act (Public Law 103-159) is amended by adding at the end the
following:
``SEC. 107. GRANTS FOR DESTROYING FIREARMS.
``(a) In General.--Beginning not later than 1 year after the
effective date of the Firearm Destruction Licensure Act of 2024, the
Attorney General, acting through the Director of the Bureau of Alcohol,
Tobacco, Firearms and Explosives, shall award grants to eligible
entities for the purposes of paying a licensed dealer to destroy
firearms using a covered method of firearm destruction.
``(b) Definitions.--In this section:
``(1) Covered method of firearm destruction; licensed
dealer.--The terms `covered method of firearm destruction' and
`licensed dealer' have the meanings given such terms in section
921(a) of title 18, United States Code.
``(2) Eligible entity.--The term `eligible entity' means a
State, local, or Tribal government.
``(3) State.--The term `State' means each of the several
States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be
necessary.''.
(f) Applicability; Rulemaking.--
(1) Applicability.--
(A) In general.--The amendments made by this
section shall apply with respect to a dealer who
obtains a license under section 923 of title 18, United
States Code, prior to the effective date of this
section.
(B) Certification of compliance.--Not later than
the effective date of this section, a dealer who
obtains a license under section 923 of title 18, United
States Code, prior to the effective date of this
section shall submit to the Attorney General the
certification required under section 923(d)(1)(G)(ii)
of such title (as amended by this Act).
(C) Failure to comply.--The Attorney General may,
after notice and opportunity for hearing, revoke the
license of a dealer issued under section 923 of title
18, United States Code, if the holder of such license
willfully violates subparagraph (B).
(2) Rulemaking.--Not later than 180 days after the date of
enactment of this Act, the Attorney General, acting through the
Director of the Bureau of Alcohol, Tobacco, Firearms and
Explosives, shall issue a final rule to implement this section,
including by prescribing--
(A) acceptable methods of destruction to render a
firearm and all parts, attachments, accessories, or
other components received with such firearm unable to
be restored to working condition and otherwise reduced
to scrap; and
(B) records or documents required to be kept by a
licensed dealer who is a firearm destroyer.
(3) Definitions.--In this subsection, the terms ``dealer'',
``firearm destroyer'', and ``licensed dealer'' have the
meanings given such terms in section 921(a) of title 18, United
States Code (as amended by this Act).
(g) Effective Date.--The amendments made by this Act shall take
effect 180 days after the date of enactment of this Act.
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