I 

114TH CONGRESS 

1ST SESSION H. R. 3888 

To provide for the implementation of a system of licensing for purchasers 

of certain firearms and for a record of sale system for those firearms, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 3, 2015 

Mr. RUSH introduced the following bill; which was referred to the Committee 

on the Judiciary 

A BILL 

To provide for the implementation of a system of licensing 

for purchasers of certain firearms and for a record of 

sale system for those firearms, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Blair Holt’s Firearm Licensing and Record of Sale Act 

6 of 2015’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings and purposes. 


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Sec. 3. Definitions. 

TITLE I—LICENSING 

Sec. 101. Licensing requirement. 

Sec. 102. Application requirements. 

Sec. 103. Issuance of license. 

Sec. 104. Renewal of license. 

Sec. 105. Revocation of license. 

TITLE II—RECORD OF SALE OR TRANSFER 

Sec. 201. Sale or transfer requirements for qualifying firearms. 

Sec. 202. Firearm records. 

TITLE III—ADDITIONAL PROHIBITIONS 

Sec. 301. Universal background check requirement. 

Sec. 302. Failure to maintain or permit inspection of records. 

Sec. 303. Failure to report loss or theft of firearm. 

Sec. 304. Failure to provide notice of change of address. 

Sec. 305. Child access prevention. 

TITLE IV—ENFORCEMENT 

Sec. 401. Criminal penalties. 

Sec. 402. Regulations. 

Sec. 403. Inspections. 

Sec. 404. Orders. 

Sec. 405. Injunctive enforcement. 

TITLE V—FIREARM INJURY INFORMATION AND RESEARCH 

Sec. 501. Duties of the Attorney General. 

TITLE VI—EFFECT ON STATE LAW 

Sec. 601. Effect on State law. 

Sec. 602. Certification of State firearm licensing systems and State firearm 

record of sale systems. 

TITLE VII—RELATIONSHIP TO OTHER LAW 

Sec. 701. Subordination to Arms Export Control Act. 

TITLE VIII—INAPPLICABILITY 

Sec. 801. Inapplicability to governmental authorities. 

TITLE IX—EFFECTIVE DATE 

Sec. 901. Effective date of amendments. 

1 SEC. 2. FINDINGS AND PURPOSES. 

2 (a) FINDINGS.—Congress finds that— 


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1 (1) the manufacture, distribution, and importa2 tion of firearms is inherently commercial in nature; 

3 (2) firearms regularly move in interstate com4 merce; 

5 (3) to the extent that firearms trafficking is 

6 intrastate in nature, it arises out of and is substan7 tially connected with a commercial transaction, 

8 which, when viewed in the aggregate, substantially 

9 affects interstate commerce; 

10 (4) because the intrastate and interstate traf11 ficking of firearms are so commingled, full regula12 tion of interstate commerce requires the incidental 

13 regulation of intrastate commerce; 

14 (5) gun violence in the United States is associ15 ated with the majority of homicides, over half the 

16 suicides, and two-thirds of nonfatal violent injuries, 

17 and to date there have been 294 mass shootings this 

18 year including, notably, the shooting at Umpqua 

19 Community College in Oregon, the Charleston 

20 church shooting in South Carolina, the theatre 

21 shooting in Lafayette, Louisiana, and the Isla Vista 

22 community shootings in California; 

23 (6) in 2015 alone, 9,956 people have been killed 

24 and 20,000 people injured in gun-related incidents, 

25 and in Chicago, as of November 3, 2015, there have 


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1 been 2,578 shootings so far this year, a figure which 

2 exceeds the number of shootings in the larger cities 

3 of New York and Los Angeles combined; and 

4 (7) on the afternoon of May 10, 2007, Blair 

5 Holt, a junior at Julian High School in Chicago, was 

6 killed on a public bus riding home from school when 

7 he used his body to shield a girl who was in the line 

8 of fire after a young man boarded the bus and start9 ed shooting. 

10 (b) SENSE OF THE CONGRESS.—It is the sense of 

11 the Congress that— 

12 (1) firearms trafficking is prevalent and wide13 spread in and among the States, and it is usually 

14 impossible to distinguish between intrastate traf15 ficking and interstate trafficking; and 

16 (2) it is in the national interest and within the 

17 role of the Federal Government to ensure that the 

18 regulation of firearms is uniform among the States, 

19 that law enforcement can quickly and effectively 

20 trace firearms used in crime, and that firearms own21 ers know how to use and safely store their firearms. 

22 (c) PURPOSES.—The purposes of this Act and the 

23 amendments made by this Act are— 

24 (1) to protect the public against the unreason25 able risk of injury and negligent or reckless death 


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1 associated with the unrecorded sale or transfer of 

2 qualifying firearms to criminals and youths; 

3 (2) to ensure that owners of qualifying firearms 

4 are knowledgeable in the safe use, handling, and 

5 storage of those firearms; 

6 (3) to restrict the availability of qualifying fire7 arms to criminals, youth, and other persons prohib8 ited by Federal law from receiving firearms; 

9 (4) to facilitate the tracing of qualifying fire10 arms used in crime by Federal and State law en11 forcement agencies; and 

12 (5) to hold criminally and civilly liable those 

13 who distribute the transfer of qualifying firearms, 

14 causing risk of injury and negligent or reckless 

15 death associated with their transfer. 

16 SEC. 3. DEFINITIONS. 

17 (a) IN GENERAL.—In this Act: 

18 (1) FIREARM; LICENSED DEALER; LICENSED

19 MANUFACTURER; STATE.—The terms ‘‘firearm’’, ‘‘li20 censed dealer’’, ‘‘licensed manufacturer’’, and 

21 ‘‘State’’ have the meanings given those terms in sec22 tion 921(a) of title 18, United States Code. 

23 (2) QUALIFYING FIREARM.—The term ‘‘quali24 fying firearm’’ has the meaning given the term in 


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1 section 921(a) of title 18, United States Code, as 

2 amended by subsection (b) of this section. 

3 (b) AMENDMENT TO TITLE 18, UNITED STATES

4 CODE.—Section 921(a) of title 18, United States Code, 

5 is amended by adding at the end the following: 

6 ‘‘(36) The term ‘qualifying firearm’— 

7 ‘‘(A) means— 

8 ‘‘(i) any handgun; or 

9 ‘‘(ii) any semiautomatic firearm that can 

10 accept any detachable ammunition feeding de11 vice; and 

12 ‘‘(B) does not include any antique.’’. 

13 TITLE I—LICENSING 

14 SEC. 101. LICENSING REQUIREMENT. 

15 Section 922 of title 18, United States Code, is 

16 amended by adding at the end the following: 

17 ‘‘(aa) FIREARM LICENSING REQUIREMENT.— 

18 ‘‘(1) IN GENERAL.—It shall be unlawful for any 

19 person other than a licensed importer, licensed man20 ufacturer, licensed dealer, or licensed collector to 

21 possess a qualifying firearm on or after the applica22 ble date, unless that person has been issued a fire23 arm license— 

24 ‘‘(A) under title I of Blair Holt’s Firearm 

25 Licensing and Record of Sale Act of 2015, 


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1 which license has not been invalidated or re2 voked under that title; or 

3 ‘‘(B) pursuant to a State firearm licensing 

4 and record of sale system certified under sec5 tion 602 of Blair Holt’s Firearm Licensing and 

6 Record of Sale Act of 2015, which license has 

7 not been invalidated or revoked under State 

8 law. 

9 ‘‘(2) APPLICABLE DATE.—In this subsection, 

10 the term ‘applicable date’ means— 

11 ‘‘(A) with respect to a qualifying firearm 

12 that is acquired by the person before the date 

13 of the enactment of Blair Holt’s Firearm Li14 censing and Record of Sale Act of 2015, 2 

15 years after such date of enactment; and 

16 ‘‘(B) with respect to a qualifying firearm 

17 that is acquired by the person on or after the 

18 date of the enactment of Blair Holt’s Firearm 

19 Licensing and Record of Sale Act of 2015, 1 

20 year after such date of enactment.’’. 

21 SEC. 102. APPLICATION REQUIREMENTS. 

22 (a) IN GENERAL.—In order to be issued a firearm 

23 license under this title, an individual shall submit to the 

24 Attorney General (in accordance with the regulations proVerDate Sep 11 2014 23:36 Nov 04, 2015 Jkt 059200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3888.IH H3888

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1 mulgated under subsection (b)) an application, which shall 

2 include— 

3 (1) a current, passport-sized photograph of the 

4 applicant that provides a clear, accurate likeness of 

5 the applicant; 

6 (2) the name, address, and date and place of 

7 birth of the applicant; 

8 (3) any other name that the applicant has ever 

9 used or by which the applicant has ever been known; 

10 (4) a clear thumbprint of the applicant, which 

11 shall be made when, and in the presence of the enti12 ty to whom, the application is submitted; 

13 (5) with respect to each category of person pro14 hibited by Federal law, or by the law of the State 

15 of residence of the applicant, from obtaining a fire16 arm, a statement that the individual is not a person 

17 prohibited from obtaining a firearm; 

18 (6) a certification by the applicant that the ap19 plicant will keep any firearm owned by the applicant 

20 safely stored and out of the possession of persons 

21 who have not attained 18 years of age; 

22 (7) a certificate attesting to the completion at 

23 the time of application of a written firearms exam24 ination, which shall test the knowledge and ability of 

25 the applicant regarding— 


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1 (A) the safe storage of firearms, particu2 larly in the vicinity of persons who have not at3 tained 18 years of age; 

4 (B) the safe handling of firearms; 

5 (C) the use of firearms in the home and 

6 the risks associated with such use; 

7 (D) the legal responsibilities of firearms 

8 owners, including Federal, State, and local laws 

9 relating to requirements for the possession and 

10 storage of firearms, and relating to reporting 

11 requirements with respect to firearms; and 

12 (E) any other subjects, as the Attorney 

13 General determines to be appropriate; 

14 (8) an authorization by the applicant to release 

15 to the Attorney General or an authorized representa16 tive of the Attorney General any mental health 

17 records pertaining to the applicant; 

18 (9) the date on which the application was sub19 mitted; and 

20 (10) the signature of the applicant. 

21 (b) REGULATIONS GOVERNING SUBMISSION.—The 

22 Attorney General shall promulgate regulations specifying 

23 procedures for the submission of applications to the Attor24 ney General under this section, which regulations shall— 


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1 (1) provide for submission of the application 

2 through a licensed dealer or an office or agency of 

3 the Federal Government designated by the Attorney 

4 General; 

5 (2) require the applicant to provide a valid 

6 identification document (as defined in section 

7 1028(d)(2) of title 18, United States Code) of the 

8 applicant, containing a photograph of the applicant, 

9 to the licensed dealer or to the office or agency of 

10 the Federal Government, as applicable, at the time 

11 of submission of the application to that dealer, of12 fice, or agency; and 

13 (3) require that a completed application be for14 warded to the Attorney General not later than 48 

15 hours after the application is submitted to the li16 censed dealer or office or agency of the Federal Gov17 ernment, as applicable. 

18 (c) FEES.— 

19 (1) IN GENERAL.—The Attorney General shall 

20 charge and collect from each applicant for a license 

21 under this title a fee in an amount determined in ac22 cordance with paragraph (2). 

23 (2) FEE AMOUNT.—The amount of the fee col24 lected under this subsection shall be not less than 

25 the amount determined by the Attorney General to 


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1 be necessary to ensure that the total amount of all 

2 fees collected under this subsection during a fiscal 

3 year is sufficient to cover the costs of carrying out 

4 this title during that fiscal year, except that such 

5 amount shall not exceed $25. 

6 SEC. 103. ISSUANCE OF LICENSE. 

7 (a) IN GENERAL.—The Attorney General shall issue 

8 a firearm license to an applicant who has submitted an 

9 application that meets the requirements of section 102 of 

10 this Act, if the Attorney General ascertains that the indi11 vidual is not prohibited by subsection (g) or (n) of section 

12 922 of title 18, United States Code, from receiving a fire13 arm. 

14 (b) EFFECT OF ISSUANCE TO PROHIBITED PER15 SON.—A firearm license issued under this section shall be 

16 null and void if issued to a person who is prohibited by 

17 subsection (g) or (n) of section 922 of title 18, United 

18 States Code, from receiving a firearm. 

19 (c) FORM OF LICENSE.—A firearm license issued 

20 under this section shall be in the form of a tamper-resist21 ant card, and shall include— 

22 (1) the photograph of the licensed individual 

23 submitted with the application; 

24 (2) the address of the licensed individual; 

25 (3) the date of birth of the licensed individual; 


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1 (4) a license number, unique to each licensed 

2 individual; 

3 (5) the expiration date of the license, which 

4 shall be the date that is 5 years after the initial an5 niversary of the date of birth of the licensed indi6 vidual following the date on which the license is 

7 issued (or in the case of a license renewal, following 

8 the date on which the license is renewed under sec9 tion 104); 

10 (6) the signature of the licensed individual pro11 vided on the application, or a facsimile of the appli12 cation; and 

13 (7) centered at the top of the license, capital14 ized, and in boldface type, the following: 

15 ‘‘FIREARM LICENSE—NOT VALID FOR ANY 

16 OTHER PURPOSE’’. 

17 SEC. 104. RENEWAL OF LICENSE. 

18 (a) APPLICATION FOR RENEWAL.— 

19 (1) IN GENERAL.—In order to renew a firearm 

20 license issued under this title, not later than 30 days 

21 before the expiration date of the license, the licensed 

22 individual shall submit to the Attorney General (in 

23 accordance with the regulations promulgated under 

24 paragraph (3)), in a form approved by the Attorney 

25 General, an application for renewal of the license. 


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1 (2) CONTENTS.—An application submitted 

2 under paragraph (1) shall include— 

3 (A) a current, passport-sized photograph of 

4 the applicant that provides a clear, accurate 

5 likeness of the applicant; 

6 (B) current proof of identity of the li7 censed individual; and 

8 (C) the address of the licensed individual. 

9 (3) REGULATIONS GOVERNING SUBMISSION.— 

10 The Attorney General shall promulgate regulations 

11 specifying procedures for the submission of applica12 tions under this subsection. 

13 (b) ISSUANCE OF RENEWED LICENSE.—Upon ap14 proval of an application submitted under subsection (a) 

15 of this section, the Attorney General shall issue a renewed 

16 license, which shall meet the requirements of section 

17 103(c), except that the license shall include the current 

18 photograph and address of the licensed individual, as pro19 vided in the application submitted under this section, and 

20 the expiration date of the renewed license, as provided in 

21 section 103(c)(5). 

22 SEC. 105. REVOCATION OF LICENSE. 

23 (a) IN GENERAL.—If an individual to whom a license 

24 has been issued under this title subsequently becomes a 

25 person who is prohibited by subsection (g) or (n) of section 


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1 922 of title 18, United States Code, from receiving a fire2 arm— 

3 (1) the license is revoked; and 

4 (2) the individual shall promptly return the li5 cense to the Attorney General. 

6 (b) ADMINISTRATIVE ACTION.—Upon receipt by the 

7 Attorney General of notice that an individual to whom a 

8 license has been issued under this title has become a per9 son described in subsection (a), the Attorney General shall 

10 ensure that the individual promptly returns the license to 

11 the Attorney General. 

12 TITLE II—RECORD OF SALE OR 

13 TRANSFER 

14 SEC. 201. SALE OR TRANSFER REQUIREMENTS FOR QUALI15 FYING FIREARMS. 

16 Section 922 of title 18, United States Code, as 

17 amended by section 101 of this Act, is amended by adding 

18 at the end the following: 

19 ‘‘(bb) UNAUTHORIZED SALE OR TRANSFER OF A

20 QUALIFYING FIREARM.—It shall be unlawful for any per21 son to sell, deliver, or otherwise transfer a qualifying fire22 arm to, or for, any person who is not a licensed importer, 

23 licensed manufacturer, licensed dealer, or licensed col24 lector, or to receive a qualifying firearm from a person 

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1 censed dealer, or licensed collector, unless, at the time and 

2 place of the transfer or receipt— 

3 ‘‘(1) the transferee presents to a licensed dealer 

4 a valid firearm license issued to the transferee— 

5 ‘‘(A) under title I of Blair Holt’s Firearm 

6 Licensing and Record of Sale Act of 2015; or 

7 ‘‘(B) pursuant to a State firearm licensing 

8 and record of sale system certified under sec9 tion 602 of Blair Holt’s Firearm Licensing and 

10 Record of Sale Act of 2015 established by the 

11 State in which the transfer or receipt occurs; 

12 ‘‘(2) the licensed dealer contacts the Attorney 

13 General or the head of the State agency that admin14 isters the certified system described in paragraph 

15 (1)(B), as applicable, and receives notice that the 

16 transferee has been issued a firearm license de17 scribed in paragraph (1) and that the license re18 mains valid; and 

19 ‘‘(3) the licensed dealer records on a document 

20 (which, in the case of a sale, shall be the sales re21 ceipt) a tracking authorization number provided by 

22 the Attorney General or the head of the State agen23 cy, as applicable, as evidence that the licensed dealer 

24 has verified the validity of the license.’’. 


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1 SEC. 202. FIREARM RECORDS. 

2 (a) SUBMISSION OF SALE OR TRANSFER REPORTS.— 

3 Not later than 14 days after the date on which the trans4 fer of a qualifying firearm is processed by a licensed dealer 

5 under section 922(bb) of title 18, United States Code (as 

6 added by section 201 of this Act), the licensed dealer shall 

7 submit to the Attorney General (or, in the case of a li8 censed dealer located in a State that has a State firearm 

9 licensing and record of sale system certified under section 

10 602 of this Act, to the head of the State agency that ad11 ministers that system) a report of that transfer, which 

12 shall include information relating to— 

13 (1) the manufacturer of the firearm; 

14 (2) the model name or number of the firearm; 

15 (3) the serial number of the firearm; 

16 (4) the date on which the firearm was received 

17 by the transferee; 

18 (5) the number of a valid firearm license issued 

19 to the transferee under title I of this Act; and 

20 (6) the name and address of the individual who 

21 transferred the firearm to the transferee. 

22 (b) FEDERAL RECORD OF SALE SYSTEM.—Not later 

23 than 9 months after the date of the enactment of this Act, 

24 the Attorney General shall establish and maintain a Fed25 eral record of sale system, which shall include the informaVerDate Sep 11 2014 23:36 Nov 04, 2015 Jkt 059200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H3888.IH H3888

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1 tion included in each report submitted to the Attorney 

2 General under subsection (a). 

3 (c) ELIMINATION OF PROHIBITION ON ESTABLISH4 MENT OF SYSTEM OF REGISTRATION.—Section 926(a) of 

5 title 18, United States Code, is amended by striking the 

6 second sentence. 

7 TITLE III—ADDITIONAL 

8 PROHIBITIONS 

9 SEC. 301. UNIVERSAL BACKGROUND CHECK REQUIRE10 MENT. 

11 Section 922 of title 18, United States Code, as 

12 amended by sections 101 and 201 of this Act, is amended 

13 by adding at the end the following: 

14 ‘‘(cc) UNIVERSAL BACKGROUND CHECK REQUIRE15 MENT.— 

16 ‘‘(1) REQUIREMENT.—Except as provided in 

17 paragraph (2), it shall be unlawful for any person 

18 other than a licensed importer, licensed manufac19 turer, licensed dealer, or licensed collector to sell, de20 liver, or otherwise transfer a firearm to any person 

21 other than such a licensee, unless the transfer is 

22 processed through a licensed dealer in accordance 

23 with subsection (t). 

24 ‘‘(2) EXCEPTION.—Paragraph (1) shall not 

25 apply to the infrequent transfer of a firearm by gift, 


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1 bequest, intestate succession or other means by an 

2 individual to a parent, child, grandparent, or grand3 child of the individual, or to any loan of a firearm 

4 for any lawful purpose for not more than 30 days 

5 between persons who are personally known to each 

6 other.’’. 

7 SEC. 302. FAILURE TO MAINTAIN OR PERMIT INSPECTION 

8 OF RECORDS. 

9 Section 922 of title 18, United States Code, as 

10 amended by sections 101, 201, and 301 of this Act, is 

11 amended by adding at the end the following: 

12 ‘‘(dd) FAILURE TO MAINTAIN OR PERMIT INSPEC13 TION OF RECORDS.—It shall be unlawful for a licensed 

14 manufacturer or a licensed dealer to fail to comply with 

15 section 202 of Blair Holt’s Handgun Licensing and 

16 Record of Sale Act of 2015, or to maintain such records 

17 or supply such information as the Attorney General may 

18 require in order to ascertain compliance with such Act and 

19 the regulations and orders issued under such Act.’’. 

20 SEC. 303. FAILURE TO REPORT LOSS OR THEFT OF FIRE21 ARM. 

22 Section 922 of title 18, United States Code, as 

23 amended by sections 101, 201, 301, and 302 of this Act, 

24 is amended by adding at the end the following: 


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1 ‘‘(ee) FAILURE TO REPORT LOSS OR THEFT OF

2 FIREARM.—It shall be unlawful for any person who owns 

3 a qualifying firearm to fail to report the loss or theft of 

4 the firearm to the Attorney General within 72 hours after 

5 the loss or theft is discovered.’’. 

6 SEC. 304. FAILURE TO PROVIDE NOTICE OF CHANGE OF AD7 DRESS. 

8 Section 922 of title 18, United States Code, as 

9 amended by sections 101, 201, 301, 302, and 303 of this 

10 Act, is amended by adding at the end the following: 

11 ‘‘(ff) FAILURE TO PROVIDE NOTICE OF CHANGE OF

12 ADDRESS.—It shall be unlawful for any individual to 

13 whom a firearm license has been issued under title I of 

14 Blair Holt’s Firearm Licensing and Record of Sale Act 

15 of 2015 to fail to report to the Attorney General a change 

16 in the address of that individual within 60 days of that 

17 change of address.’’. 

18 SEC. 305. CHILD ACCESS PREVENTION. 

19 Section 922 of title 18, United States Code, as 

20 amended by sections 101, 201, 301, 302, 303, and 304 

21 of this Act, is amended by adding at the end the following: 

22 ‘‘(gg) CHILD ACCESS PREVENTION.— 

23 ‘‘(1) DEFINITION OF CHILD.—In this sub24 section, the term ‘child’ means an individual who has 

25 not attained the age of 18 years. 


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1 ‘‘(2) PROHIBITION AND PENALTIES.—Except as 

2 provided in paragraph (3), it shall be unlawful for 

3 any person to keep a loaded firearm, or an unloaded 

4 firearm and ammunition for the firearm, any one of 

5 which has been shipped or transported in interstate 

6 or foreign commerce, within any premises that is 

7 under the custody or control of that person, if— 

8 ‘‘(A) that person— 

9 ‘‘(i) knows, or recklessly disregards 

10 the risk, that a child is capable of gaining 

11 access to the firearm; and 

12 ‘‘(ii) either— 

13 ‘‘(I) knows, or recklessly dis14 regards the risk, that a child will use 

15 the firearm to cause the death of, or 

16 serious bodily injury (as defined in 

17 section 1365 of this title) to, the child 

18 or any other person; or 

19 ‘‘(II) knows, or reasonably should 

20 know, that possession of the firearm 

21 by a child is unlawful under Federal 

22 or State law; and 

23 ‘‘(B) a child uses the firearm and the use 

24 of that firearm causes the death of, or serious 

25 bodily injury to, the child or any other person. 


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1 ‘‘(3) EXCEPTIONS.—Paragraph (2) shall not 

2 apply if— 

3 ‘‘(A) at the time the child obtained access, 

4 the firearm was secured with a secure gun stor5 age or safety device; 

6 ‘‘(B) the person is a peace officer, a mem7 ber of the Armed Forces, or a member of the 

8 National Guard, and the child obtains the fire9 arm during, or incidental to, the performance of 

10 the official duties of the person in that capacity; 

11 ‘‘(C) the child uses the firearm in a lawful 

12 act of self-defense or defense of one or more 

13 other persons; or 

14 ‘‘(D) the person has no reasonable expecta15 tion, based on objective facts and cir16 cumstances, that a child is likely to be present 

17 on the premises on which the firearm is kept.’’. 

18 TITLE IV—ENFORCEMENT 

19 SEC. 401. CRIMINAL PENALTIES. 

20 (a) FAILURE TO POSSESS FIREARM LICENSE; FAIL21 URE TO COMPLY WITH QUALIFYING FIREARM SALE OR

22 TRANSFER REQUIREMENTS; FAILURE TO MAINTAIN OR

23 PERMIT INSPECTION OF RECORDS.—Section 924(a) of 

24 title 18, United States Code, is amended by adding at the 

25 end the following: 


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1 ‘‘(8) Whoever knowingly violates subsection (aa), 

2 (bb), or (dd) of section 922 shall be fined under this title, 

3 imprisoned not more than 2 years, or both.’’. 

4 (b) FAILURE TO COMPLY WITH UNIVERSAL BACK5 GROUND CHECKS; FAILURE TO TIMELY REPORT LOSS OR

6 THEFT OF A QUALIFYING FIREARM; FAILURE TO PRO7 VIDE NOTICE OF CHANGE OF ADDRESS.—Section 

8 924(a)(5) of such title is amended by striking ‘‘(s) or (t)’’ 

9 and inserting ‘‘(t), (cc), (ee), or (ff)’’. 

10 (c) CHILD ACCESS PREVENTION.—Section 924(a) of 

11 such title, as amended by subsection (a) of this section, 

12 is amended by adding at the end the following: 

13 ‘‘(9) Whoever violates section 105(a)(2) of Blair 

14 Holt’s Handgun Licensing and Record of Sale Act of 

15 2015, knowingly or having reason to believe that the per16 son is prohibited by subsection (g) or (n) of section 922 

17 of title 18, United States Code, from receiving a firearm, 

18 shall be fined under this title, imprisoned not more than 

19 10 years, or both. 

20 ‘‘(10) Whoever violates section 922(gg) shall be fined 

21 under this title, imprisoned not more than 5 years, or 

22 both.’’. 

23 SEC. 402. REGULATIONS. 

24 (a) IN GENERAL.—The Attorney General shall issue 

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1 fying firearms and the recorded sale of qualifying fire2 arms, consistent with this Act and the amendments made 

3 by this Act, as the Attorney General determines to be rea4 sonably necessary to reduce or prevent deaths or injuries 

5 resulting from qualifying firearms, and to assist law en6 forcement in the apprehension of owners or users of quali7 fying firearms used in criminal activity. 

8 (b) MAXIMUM INTERVAL BETWEEN ISSUANCE OF

9 PROPOSED AND FINAL REGULATION.—Not later than 120 

10 days after the date on which the Attorney General issues 

11 a proposed regulation under subsection (a) with respect 

12 to a matter, the Attorney General shall issue a final regu13 lation with respect to the matter. 

14 SEC. 403. INSPECTIONS. 

15 In order to ascertain compliance with this Act, the 

16 amendments made by this Act, and the regulations and 

17 orders issued under this Act, the Attorney General may, 

18 during regular business hours, enter any place in which 

19 firearms or firearm products are manufactured, stored, or 

20 held, for distribution in commerce, and inspect those areas 

21 where the products are so manufactured, stored, or held. 

22 SEC. 404. ORDERS. 

23 The Attorney General may issue an order prohibiting 

24 the sale or transfer of any firearm that the Attorney Gen25 eral finds has been transferred or distributed in violation 


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1 of this Act, an amendment made by this Act, or a regula2 tion issued under this Act. 

3 SEC. 405. INJUNCTIVE ENFORCEMENT. 

4 The Attorney General may bring an action to restrain 

5 any violation of this Act or an amendment made by this 

6 Act in the district court of the United States for any dis7 trict in which the violation has occurred, or in which the 

8 defendant is found or transacts business. 

9 TITLE V—FIREARM INJURY 

10 INFORMATION AND RESEARCH 

11 SEC. 501. DUTIES OF THE ATTORNEY GENERAL. 

12 (a) IN GENERAL.—The Attorney General shall— 

13 (1) establish and maintain a firearm injury in14 formation clearinghouse to collect, investigate, ana15 lyze, and disseminate data and information relating 

16 to the causes and prevention of death and injury as17 sociated with firearms; 

18 (2) conduct continuing studies and investiga19 tions of firearm-related deaths and injuries; 

20 (3) collect and maintain current production and 

21 sales figures for each licensed manufacturer; and 

22 (4) conduct a study on the efficacy of firearms 

23 that incorporate technology that prevents their use 

24 by unauthorized users (also known as ‘‘smart 


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1 guns’’), in the prevention of unintended firearm 

2 deaths. 

3 (b) AVAILABILITY OF INFORMATION.—Periodically, 

4 but not less frequently than annually, the Attorney Gen5 eral shall report to the Congress and make available to 

6 the public a report on the activities of the Attorney Gen7 eral under subsection (a). 

8 TITLE VI—EFFECT ON STATE 

9 LAW 

10 SEC. 601. EFFECT ON STATE LAW. 

11 (a) IN GENERAL.—This Act and the amendments 

12 made by this Act may not be construed to preempt any 

13 provision of the law of any State or political subdivision 

14 of that State, or prevent a State or political subdivision 

15 of that State from enacting any provision of law regulating 

16 or prohibiting conduct with respect to firearms, except to 

17 the extent that the provision of law is inconsistent with 

18 any provision of this Act or an amendment made by this 

19 Act, and then only to the extent of the inconsistency. 

20 (b) RULE OF INTERPRETATION.—A provision of 

21 State law is not inconsistent with this Act or an amend22 ment made by this Act if the provision imposes a regula23 tion or prohibition of greater scope or a penalty of greater 

24 severity than a corresponding prohibition or penalty im25 posed by this Act or an amendment made by this Act. 


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1 SEC. 602. CERTIFICATION OF STATE FIREARM LICENSING 

2 SYSTEMS AND STATE FIREARM RECORD OF 

3 SALE SYSTEMS. 

4 Upon a written request of the chief executive officer 

5 of a State, the Attorney General may certify— 

6 (1) a firearm licensing system established by a 

7 State, if State law requires the system to satisfy the 

8 requirements applicable to the Federal firearm li9 censing system established under title I; or 

10 (2) a firearm record of sale system established 

11 by a State, if State law requires the head of the 

12 State agency that administers the system to submit 

13 to the Federal firearm record of sale system estab14 lished under section 202(b) a copy of each report 

15 submitted to the head of the agency under section 

16 202(a), within 7 days after receipt of the report. 

17 TITLE VII—RELATIONSHIP TO 

18 OTHER LAW 

19 SEC. 701. SUBORDINATION TO ARMS EXPORT CONTROL 

20 ACT. 

21 In the event of any conflict between any provision of 

22 this Act or an amendment made by this Act, and any pro23 vision of the Arms Export Control Act (22 U.S.C. 2751), 

24 the provision of the Arms Export Control Act shall con25 trol. 


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1 TITLE VIII—INAPPLICABILITY 

2 SEC. 801. INAPPLICABILITY TO GOVERNMENTAL AUTHORI3 TIES. 

4 This Act and the amendments made by this Act shall 

5 not apply to any department or agency of the United 

6 States, of a State, or of a political subdivision of a State, 

7 or to any official conduct of any officer or employee of 

8 such a department or agency. 

9 TITLE IX—EFFECTIVE DATE 

10 SEC. 901. EFFECTIVE DATE OF AMENDMENTS. 

11 The amendments made by this Act shall take effect 

12 1 year after the date of the enactment of this Act. 

Æ 


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