[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3544 Introduced in Senate (IS)]
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119th CONGRESS
1st Session
S. 3544
To amend title 18, United States Code, to require licenses to acquire
or receive firearms, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 17, 2025
Mr. Booker (for himself, Mr. Kim, Mr. Schatz, Ms. Warren, Mr.
Blumenthal, Mr. Schiff, Mr. Padilla, and Ms. Hirono) introduced the
following bill; which was read twice and referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to require licenses to acquire
or receive firearms, 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 ``Federal Firearm Licensing Act''.
SEC. 2. LICENSE FOR THE PURCHASE AND POSSESSION OF FIREARMS.
(a) In General.--Chapter 44 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 935. License for the acquisition, receipt, and possession of
firearms
``(a) In General.--Except as provided in subsection (d), it shall
be unlawful for any individual to purchase, receive, or possess a
firearm unless the individual has a valid Federal firearm purchasing
license.
``(b) Establishment of Federal License to Purchase, Receive, or
Possess Firearms.--
``(1) In general.--The Attorney General shall establish a
Federal system for issuing a Federal firearm purchasing license
to eligible individuals for firearms transferred to such
individual or possessed by such individual.
``(2) Requirements.--The system established under paragraph
(1) shall require that--
``(A) an individual shall be eligible to receive
such a license if the individual--
``(i) has completed training in firearms
safety, including--
``(I) a written test, to
demonstrate knowledge of applicable
firearms laws; and
``(II) hands-on testing, including
firing testing, to demonstrate safe use
and sufficient accuracy of a firearm;
and
``(ii) as part of the process for applying
for such a license--
``(I) has submitted to a background
investigation and criminal history
check of the individual;
``(II) has submitted proof of
identity;
``(III) has submitted the
fingerprints of the individual; and
``(IV) has submitted identifying
information on the firearm that the
person intends to obtain, including the
make, model, and serial number, and the
identity of the firearm seller or
transferor;
``(B) a license issued under the system is
available at a designated local office, which shall be
located in both urban and rural areas;
``(C) the Attorney General shall issue or deny a
license under this section not later than 30 days after
the date on which the application for such license is
received;
``(D) each license issued under this section shall
be valid for the purchase of a single firearm, which
shall be purchased not later than 30 days after the
date on which the license is issued;
``(E) a license issued under the system shall
expire on the date that is 5 years after the date on
which the license was issued; and
``(F) the Attorney General shall provide notice of
an application for a license under this section to the
relevant State and local officials.
``(3) Background investigation.--
``(A) In general.--Before issuing a license under
this section, the Attorney General shall--
``(i) conduct a background investigation on
the applicant; and
``(ii) deny any license if receipt or
transfer of a firearm would violate subsection
(d), (g), or (n) of section 922 or any
provision of State law.
``(B) Poses a danger of bodily injury.--
``(i) Information from state and local
officials.--After receiving the notice
described in paragraph (2)(F), relevant State
and local officials may submit to the Attorney
General information demonstrating that the
individual poses a significant danger of bodily
injury to self or others by possessing,
purchasing, or receiving a firearm.
``(ii) Denial.--
``(I) In general.--The Attorney
General may deny a license under this
section if the Attorney General
determines that the applicant poses a
significant danger of bodily injury to
self or others by possessing,
purchasing, or receiving a firearm,
after examining factors the Attorney
General considers are relevant to the
determination, including--
``(aa) history of threats
or acts of violence toward self
or others;
``(bb) history of use,
attempted use, or threatened
use of physical force by the
applicant against another
person;
``(cc) whether the
applicant is the subject of or
has violated a domestic
violence or stalking
restraining order or protection
order;
``(dd) any prior arrest,
pending charge, or conviction
for a violent or serious crime
or disorderly persons offense,
stalking offense, or domestic
violence offense;
``(ee) any prior arrest,
pending charge, or conviction
for an offense involving
cruelty to animals;
``(ff) history of drug or
alcohol abuse or involvement in
drug trafficking;
``(gg) any recent
acquisition of firearms,
ammunition, or other deadly
weapons;
``(hh) involvement in
firearms trafficking or
unlawful firearms transfers;
and
``(ii) history of unsafe
storage or handling of
firearms.
``(II) Judicial review.--An
applicant denied a license under
subclause (I) may file an action in the
appropriate district court of the
United States for seeking review of the
denial.
``(C) Rule of construction.--Nothing in this
paragraph may be construed to modify any other
requirement for a background investigation relating to
the acquisition or receipt of a firearm in effect on
the day before the date of enactment of this section.
``(4) Revocation.--
``(A) In general.--The Attorney General shall
revoke a license issued under this section if the
Attorney General determines that--
``(i) the licensee poses a significant
danger of bodily injury to self or others by
possessing, purchasing, or receiving a firearm;
or
``(ii) after a regular background
investigation conducted by the Attorney
General, the receipt or transfer of a firearm
would violate subsection (d), (g), or (n) of
section 922 or any provision of State law.
``(B) Notice and opportunity for a hearing.--
``(i) Notice.--Upon determining that the
licensee should have their license revoked
under subparagraph (A), the Attorney General
shall provide notice to the licensee and to
relevant State and local officials of the
determination.
``(ii) Hearing.--For revocations under
subparagraph (A)(i), the Attorney General shall
provide a licensee an opportunity for a hearing
in the appropriate district court of the United
States not later than 30 days after the date on
which a license is revoked under this paragraph
to appeal the revocation.
``(C) Procedures.--The Attorney General shall
establish procedures to ensure that any firearm is
removed from any individual when the individual's
license is revoked under this paragraph.
``(D) Return of firearms.--A firearm removed under
the procedures established under subparagraph (C) may
be returned to the individual only if the individual's
license is reinstated.
``(5) Renewal.--The Attorney General--
``(A) shall establish procedures for the renewal of
a license that requires that the applicant satisfies
the requirements described in paragraph (2); and
``(B) may develop procedures and processes to
consolidate renewal applications for individuals with
multiple firearm purchasing licenses.
``(6) Enrollment in rap back.--The Attorney General shall
enroll each individual who is issued a license under this
section in the Rap Back service.
``(c) Recordkeeping.--It shall be unlawful for any individual to
sell or otherwise dispose of a firearm to a person unless the
individual reports the transaction to the Attorney General not later
than 3 business days after the date on which the firearm is sold or
transferred, which shall include identifying information on the firearm
seller and on the firearm transferee, including the make, model, and
serial number.
``(d) State Licenses.--
``(1) In general.--Subsection (a) shall not apply to an
individual in a State if the Attorney General determines that
the State has a process for issuing a State firearm license to
eligible individuals in the State with substantially similar
requirements to those described in subsection (b).
``(e) Regulations.--The Attorney General may promulgate regulations
that the Attorney General determines are necessary to carry out this
section.''.
(b) Clerical Amendment.--The table of sections for such chapter is
amended by adding at the end the following:
``935. License for the acquisition or receipt of firearms.''.
SEC. 3. POINT-OF-SALE BACKGROUND CHECK.
Section 922 of title 18, United States Code, is amended by adding
at the end the following:
``(aa) Point-of-Sale Background Checks.--
``(1) In general.--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).
``(2) Compliance.--Upon taking possession of a firearm
under paragraph (1), 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.
``(3) Return.--If a transfer of a firearm described in
paragraph (1) 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.''.
SEC. 4. PROHIBITION ON TRANSFER TO CERTAIN UNLICENSED PERSONS.
Section 922 of title 18, United States Code, as amended by section
3 of this Act, is amended by adding at the end the following:
``(bb) Prohibition on Transfer to Certain Unlicensed Persons.--It
shall be unlawful for any person to--
``(1) sell or otherwise dispose of a firearm to any person
if such person does not have a license issued under section 935
or a substantially similar State law, as determined by the
Attorney General, during the previous 30 days; or
``(2) fail to report to the relevant law enforcement
agencies the sale or disposal described in paragraph (1).''.
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