S.2045 - Domestic Violence Gun Homicide Prevention Act of 2017115th Congress (2017-2018)

Shown Here:
Introduced in Senate (10/31/2017)

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2045 Introduced in Senate (IS)]

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115th CONGRESS
  1st Session
                                S. 2045

   To establish a grant program to encourage States to adopt certain 
  policies and procedures relating to the transfer and possession of 
                               firearms.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 31, 2017

 Mr. Blumenthal (for himself, Mr. Murphy, Mr. Markey, Mr. Durbin, Mrs. 
Gillibrand, Ms. Warren, Mr. Van Hollen, Ms. Duckworth, Ms. Harris, Mr. 
 Booker, and Mrs. Feinstein) introduced the following bill; which was 
       read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To establish a grant program to encourage States to adopt certain 
  policies and procedures relating to the transfer and possession of 
                               firearms.

    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 ``Domestic Violence Gun Homicide 
Prevention Act of 2017''.

SEC. 2. GRANT PROGRAM REGARDING FIREARMS.

    (a) Grant Program.--
            (1) Authority to make grants.--The Director of the Office 
        of Community Oriented Policing Services of the Department of 
        Justice may make grants to eligible States to assist the State 
        in carrying out the policies, procedures, protocols, laws, or 
        regulations described in subsection (b).
            (2) Eligible state.--A State shall be eligible to receive 
        grants under this subsection on and after the date on which the 
        Attorney General determines that the State has in effect 
        policies, procedures, protocols, laws, or regulations described 
        in subsection (b).
            (3) Use of funds.--Funds awarded under this section may be 
        used by a State to assist law enforcement agencies or the 
        courts of the State in carrying out the policies, procedures, 
        protocols, laws, or regulations described in subsection (b).
            (4) Application.--An eligible State desiring a grant under 
        this section shall submit to the Director of the Office of 
        Community Oriented Policing Services an application at such 
        time, in such manner, and containing or accompanied by such 
        information, as the Director may reasonably require.
    (b) State Policies and Procedures.--The policies, procedures, 
protocols, laws, or regulations described in this subsection are 
policies, procedures, protocols, laws, or regulations relating to the 
possession or transfer of firearms or ammunition (as those terms are 
defined in section 921 of title 18, United States Code) that--
            (1) impose restrictions and penalties substantially similar 
        to or more comprehensive than those described in paragraphs (8) 
        and (9) of subsection (d) and paragraphs (8) and (9) of 
        subsection (g) of section 922 of title 18, United States Code;
            (2) requires the seizure or surrender of all firearms and 
        ammunition from an individual--
                    (A) convicted of any crime for which the 
                restrictions or penalties described in paragraph (1) 
                apply; or
                    (B) against whom any court has issued a protection 
                order, as defined in section 2266(5) of title 18, 
                United States Code;
            (3) require the State and local courts to consider at the 
        initial appearance before a magistrate of any individual 
        arrested for any crime for which the restrictions or penalties 
        described in paragraph (1) apply, if the individual possesses a 
        firearm or ammunition that has been or is likely to be used to 
        threaten, harass, menace, or harm the victim or the victim's 
        child, or may otherwise pose a danger to the victim or the 
        victim's child and issue a protection order, as defined in 
        section 2266(5) of title 18, United States Code, in which the 
        State or local court shall prohibit the possession of any 
        firearm or ammunition and require the surrender or seizure of 
        any firearm or ammunition then possessed;
            (4) give State and local law enforcement the authority, 
        consistent with the Constitution of the United States, to seize 
        a firearm or ammunition when responding to domestic violence 
        situations, if there is probable cause to believe--
                    (A) such firearm or ammunition is contraband or 
                illegally in the possession of the suspected offender; 
                and
                    (B) such firearm or ammunition has been or is 
                likely to be used to threaten, harass, menace, or harm 
                the victim or the victim's child, or may otherwise pose 
                a danger to the victim or the victim's child; and
            (5) provide for the safe return of any firearm or 
        ammunition seized or surrendered as described in paragraph (2), 
        (3), or (4)--
                    (A) at such time as--
                            (i) the restrictions and penalties of 
                        paragraph (1) no longer apply to such 
                        individual;
                            (ii) the protection order described in 
                        paragraph (2) or (3) is no longer in force 
                        against such individual; or
                            (iii) the firearm or ammunition described 
                        in paragraph (4) is determined not to be 
                        contraband or illegally in the suspected 
                        offender's possession; and
                    (B) in a manner that does not endanger the safety 
                of persons who were the victim of any crime described 
                in paragraph (1) or suspected crime described in 
                paragraph (4) or who were the persons protected by the 
                protection order described in paragraph (2) or (3).
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section.
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