II 

117TH CONGRESS 

2D SESSION S. 4977 

To prohibit the unauthorized possession of a firearm at a Federal election 

site. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 28, 2022 

Mr. MURPHY (for himself, Mr. BLUMENTHAL, Mr. CASEY, Mrs. FEINSTEIN, 

Mrs. GILLIBRAND, Mr. MARKEY, Mrs. SHAHEEN, and Ms. WARREN) introduced the following bill; which was read twice and referred to the Committee on the Judiciary 

A BILL 

To prohibit the unauthorized possession of a firearm at a 

Federal election site. 

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. 

4 This Act may be cited as the ‘‘Vote Without Fear 

5 Act’’. 


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1 SEC. 2. PROHIBITION ON UNAUTHORIZED FIREARM POS2 SESSION AT A FEDERAL ELECTION SITE. 

3 (a) IN GENERAL.—Chapter 44 of title 18, United 

4 States Code, is amended by adding at the end the fol5 lowing: 

6 ‘‘§ 935. Prohibition on unauthorized firearm posses7 sion at a Federal election site 

8 ‘‘(a) DEFINITION.—In this section, the term ‘Federal 

9 election site’ means a building or any part thereof at which 

10 an employee of the United States, a State, or a political 

11 subdivision thereof is engaged in— 

12 ‘‘(1) the administration of a polling place in an 

13 election for Federal office; or 

14 ‘‘(2) the processing or counting of ballots cast 

15 in such an election. 

16 ‘‘(b) POSSESSION OF FIREARM NEAR FEDERAL

17 ELECTION SITE.— 

18 ‘‘(1) OFFENSE.— 

19 ‘‘(A) IN GENERAL.—Except as provided in 

20 subparagraph (B), it shall be unlawful for an 

21 individual to knowingly possess or cause to be 

22 present a firearm in, or within 100 yards of an 

23 entrance to, a place that the individual knows, 

24 or has reasonable cause to believe, is a Federal 

25 election site. 


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1 ‘‘(B) EXCEPTIONS.—Subparagraph (A) 

2 shall not apply to— 

3 ‘‘(i) the possession of a firearm by a 

4 law enforcement officer employed by the 

5 United States, a State, or a political sub6 division thereof, or a private security guard 

7 hired or arranged for by the owner or 

8 manager of a building in which there is a 

9 Federal election site, who is authorized by 

10 law to possess a firearm and who is on 

11 duty; 

12 ‘‘(ii) the possession of a firearm in a 

13 vehicle within 100 yards of an entrance to 

14 a Federal election site, if the firearm is not 

15 removed from the vehicle or brandished 

16 while the vehicle is in, or within 100 yards 

17 of the entrance to, a Federal election site; 

18 or 

19 ‘‘(iii) the otherwise lawful possession 

20 of a firearm in a place of residence, in a 

21 place of business, or on private property, 

22 in or within 100 yards of an entrance to 

23 a Federal election site. 

24 ‘‘(2) PENALTY.—Any individual who violates 

25 paragraph (1), or attempts to do so, shall be fined 


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1 under this title, imprisoned not more than 1 year, or 

2 both. 

3 ‘‘(c) POSSESSION OF FIREARM NEAR FEDERAL

4 ELECTION SITE WITH INTENT FOR USE IN CRIME.— 

5 ‘‘(1) OFFENSE.—It shall be unlawful for an in6 dividual, with intent that a firearm be used in the 

7 commission of a crime, to knowingly possess or 

8 cause to be present the firearm in, or within 100 

9 yards of an entrance to, a place that the individual 

10 knows, or has reasonable cause to believe, is a Fed11 eral election site. 

12 ‘‘(2) PENALTY.—Any individual who violates 

13 paragraph (1), or attempts to do so, shall be fined 

14 under this title, imprisoned not more than 5 years, 

15 or both. 

16 ‘‘(d) HOMICIDE.—An individual who kills any other 

17 individual in the course of a violation of subsection (b) 

18 or (c), or in the course of an attack on a Federal election 

19 site involving the use of a firearm, or attempts or con20 spires to do so, shall be punished as provided in— 

21 ‘‘(1) section 1111, in the case of murder (as de22 fined in that section); 

23 ‘‘(2) section 1112, in the case of manslaughter 

24 (as defined in that section); 


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1 ‘‘(3) section 1113, in the case of attempt to 

2 commit murder or manslaughter (as those terms are 

3 so defined); or 

4 ‘‘(4) section 1117, in the case of conspiracy to 

5 commit murder (as so defined).’’. 

6 (b) CLERICAL AMENDMENT.—The table of sections 

7 for chapter 44 of title 18, United States Code, is amended 

8 by adding at the end the following: 

‘‘935. Prohibition on unauthorized firearm possession at a Federal election 

site.’’. 

Æ 


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