I 

113TH CONGRESS 

1ST SESSION H. R. 2005 

To provide for the development and use of technology for personalized handguns, to require that, within 3 years, all handguns manufactured or 

sold in, or imported into, the United States incorporate such technology, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 15, 2013 

Mr. TIERNEY (for himself, Mr. CAPUANO, Mr. CUMMINGS, Mr. FARR, Ms. 

HAHN, Mr. KEATING, Ms. LOFGREN, Mrs. CAROLYN B. MALONEY of 

New York, Mr. MARKEY, Mr. MCGOVERN, Mr. MORAN, Mrs. NAPOLITANO, Ms. SPEIER, and Ms. TSONGAS) introduced the following bill; 

which was referred to the Committee on the Judiciary, and in addition 

to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such 

provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To provide for the development and use of technology for 

personalized handguns, to require that, within 3 years, 

all handguns manufactured or sold in, or imported into, 

the United States incorporate such technology, 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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Personalized Handgun 

3 Safety Act’’. 

4 SEC. 2. FINDINGS. 

5 The Congress finds as follows: 

6 (1) It is in the interest of the Nation to protect 

7 its citizens from handgun violence and accidental 

8 firearm deaths. 

9 (2) Personalizing handguns would disallow un10 authorized users, whether they be children, crimi11 nals, or others, from misusing the weapons. 

12 (3) Personalizing handguns would allow for au13 thorized users to continue to lawfully own and use 

14 their handgun more safely. 

15 (4) In 2011, according to the Centers for Dis16 ease Control (CDC), there were 851 accidental fire17 arm deaths. 

18 (5) In 2010, according to the CDC, 62 people 

19 under the age of 15 were killed accidentally with 

20 firearms. 

21 (6) Almost 350,000 incidents of firearm theft 

22 from private citizens occur annually according to the 

23 National Crime Victimization Survey. 

24 (7) According to the Federal Bureau of Inves25 tigation, 45 law enforcement officers were killed with 

26 their own firearm between 2002 and 2011. 


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1 (8) According to the Federal Bureau of Inves2 tigation, almost half of all murders in the United 

3 States in 2011 were committed with handguns. 

4 TITLE I—TECHNOLOGY FOR 

5 PERSONALIZED HANDGUNS 

6 GRANTS 

7 SEC. 101. AUTHORIZATION. 

8 The Attorney General, acting through the Director 

9 of the National Institute of Justice (referred to in this 

10 title as the ‘‘Director’’), shall make grants to qualified en11 tities to develop technology for personalized handguns. 

12 SEC. 102. APPLICATIONS. 

13 A qualified entity seeking a grant under this title 

14 shall submit to the Director an application at such time, 

15 in such manner, and containing such information as the 

16 Director may reasonably require. 

17 SEC. 103. USES OF FUNDS. 

18 A qualified entity receiving a grant under this title— 

19 (1) shall use not less than 70 percent of such 

20 funds to develop technology for personalized hand21 guns; 

22 (2) may use not more than 20 percent of such 

23 funds to develop technology for retrofitted personal24 ized handguns; and 


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1 (3) may use not more than 10 percent of such 

2 funds for administrative costs associated with the 

3 development of technology funded under this title. 

4 SEC. 104. TERM; RENEWAL. 

5 (a) TERM.—A grant awarded under this title shall 

6 be for a term of one year. 

7 (b) RENEWAL.—A qualified entity receiving a grant 

8 under this title may renew such grant by submitting to 

9 the Director an application for renewal at such time, in 

10 such manner, and containing such information as the Di11 rector may reasonably require. 

12 SEC. 105. REPORTS. 

13 A qualified entity receiving a grant under this title 

14 shall submit to the Director such reports, at such time, 

15 in such manner, and containing such information as the 

16 Director may reasonably require. The Director shall trans17 mit to Congress each year a report containing a summary 

18 of such information received. 

19 SEC. 106. REGULATIONS. 

20 The Director may promulgate such guidelines, rules, 

21 regulations, and procedures as may be necessary to carry 

22 out this title. 

23 SEC. 107. DEFINITIONS. 

24 In this title: 


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1 (1) HANDGUN.—The term ‘‘handgun’’ has the 

2 meaning given the term in section 921(a)(29) of title 

3 18, United States Code. 

4 (2) PERSONALIZED HANDGUN.—The term ‘‘per5 sonalized handgun’’ means a handgun that— 

6 (A) enables only the authorized users of a 

7 handgun to fire such handgun; and 

8 (B) was manufactured in such a manner 

9 that the firing restriction described in subpara10 graph (A)— 

11 (i) is incorporated into the design of 

12 the handgun, and is not sold as an acces13 sory; and 

14 (ii) cannot be readily removed or de15 activated. 

16 (3) QUALIFIED ENTITY.—The term ‘‘qualified 

17 entity’’ means— 

18 (A) a State or unit of local government; 

19 (B) a nonprofit or for-profit organization; 

20 or 

21 (C) an institution of higher education (as 

22 defined in section 101 of the Higher Education 

23 Act of 1965 (20 U.S.C. 2001)). 


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1 (4) RETROFITTED PERSONALIZED HANDGUN.— 

2 The term ‘‘retrofitted personalized handgun’’ means 

3 a handgun fitted with a device that— 

4 (A) enables only the authorized users of a 

5 handgun to fire such handgun; and 

6 (B) cannot be readily removed or deacti7 vated. 

8 SEC. 108. AUTHORIZATION OF APPROPRIATIONS. 

9 There is authorized to be appropriated to carry out 

10 this title $2,000,000 for fiscal years 2015 and 2016. 

11 TITLE II—CONSUMER PRODUCT 

12 SAFETY COMMISSION SAFETY 

13 STANDARD 

14 SEC. 201. CONSUMER PRODUCT SAFETY STANDARD. 

15 (a) ESTABLISHMENT OF STANDARD.—Notwith16 standing section 3(a)(5)(E) of the Consumer Product 

17 Safety Act (15 U.S.C. 2052(a)(5)(E)), the Consumer 

18 Product Safety Commission, in consultation with the At19 torney General and the Director of the National Institute 

20 of Justice, shall promulgate a consumer product safety 

21 standard under section 7(a) of such Act (15 U.S.C. 

22 2056(a)) for handguns. 

23 (b) STANDARD REQUIREMENTS.—The standard es24 tablished under subsection (a) shall require that— 


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1 (1) effective 2 years after the date of the enact2 ment of this Act, handguns manufactured in the 

3 United States must be personalized handguns; and 

4 (2) effective 3 years after the date of the enact5 ment of this Act, handguns sold, offered for sale, 

6 traded, transferred, shipped, leased, or distributed in 

7 the United States must be— 

8 (A) personalized handguns, if manufac9 tured on or after the effective date in para10 graph (1); or 

11 (B) retrofitted personalized handguns, if 

12 manufactured before the effective date in para13 graph (1). 

14 (c) EXEMPTIONS.— 

15 (1) ANTIQUE FIREARMS.—The standard estab16 lished under subsection (a) shall not require retro17 fitting or personalization of antique firearms. 

18 (2) MILITARY FIREARMS.—The standard estab19 lished under subsection (a) shall not apply to a fire20 arm that is owned by the Department of Defense. 

21 (d) COST OF RETROFITTING.— 

22 (1) IN GENERAL.—Except as provided in para23 graph (2), the cost of retrofitting a handgun as re24 quired under subsection (b) shall be borne by the 


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1 manufacturer of the handgun if the manufacturer is 

2 operational at the time the retrofit is required. 

3 (2) REIMBURSEMENT.—Section 524(c) of title 

4 28, United States Code, is amended— 

5 (A) in subparagraph (H), by striking ‘‘; 

6 and’’ and inserting a semicolon; 

7 (B) in subparagraph (I), by striking the 

8 period at the end and inserting ‘‘; and’’; and 

9 (C) by inserting after subparagraph (I) the 

10 following: 

11 ‘‘(J) payments to reimburse manufacturers of 

12 handguns for the costs of retrofitting handguns as 

13 required by section 201(b)(2)(B) of the Personalized 

14 Handgun Safety Act.’’. 

15 (e) AVAILABILITY OF AN ACTION ON BEHALF OF A

16 STATE.—If an attorney general of a State, or an official 

17 or agency of a State, has reason to believe that an interest 

18 of the residents of such State has been or is threatened 

19 or adversely affected by any person who violates this title, 

20 the attorney general, official, or agency may bring a civil 

21 action on behalf of the residents of such State against a 

22 seller or manufacturer of handguns in an appropriate dis23 trict court of the United States to enjoin further violations 

24 of this title and for other relief as may be appropriate. 


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1 SEC. 202. DEFINITIONS. 

2 In this title: 

3 (1) AUTHORIZED USER.—The term ‘‘authorized 

4 user’’, with respect to a firearm, means the lawful 

5 owner of the firearm and any individual authorized 

6 by the owner to use the firearm who is allowed to 

7 own, carry, or use a firearm in the State where the 

8 firearm is being used. 

9 (2) HANDGUN AND ANTIQUE FIREARM.—The 

10 terms ‘‘handgun’’ and ‘‘antique firearm’’ have the 

11 meanings given such terms in section 921 of title 18, 

12 United States Code. 

13 (3) PERSONALIZED HANDGUN.—The term ‘‘per14 sonalized handgun’’ means a handgun that— 

15 (A) enables only an authorized user of a 

16 handgun to fire the handgun; and 

17 (B) was manufactured in such a manner 

18 that the firing restriction described in subpara19 graph (A)— 

20 (i) is incorporated into the design of 

21 the handgun; and 

22 (ii) cannot be readily removed or de23 activated. 

24 (4) RETROFITTED PERSONALIZED HANDGUN.— 

25 The term ‘‘retrofitted personalized handgun’’ means 

26 a handgun fitted with a device that— 


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1 (A) enables only an authorized user of a 

2 handgun to fire the handgun; and 

3 (B) attaches to the handgun in a manner 

4 such that the device cannot be readily removed 

5 or deactivated. 

6 TITLE III—EXEMPTION FROM 

7 THE PROTECTION OF LAW8 FUL COMMERCE IN ARMS ACT 

9 SEC. 301. EXEMPTIONS FROM THE PROTECTION OF LAW10 FUL COMMERCE IN ARMS ACT. 

11 Section 4 of the Protection of Lawful Commerce in 

12 Arms Act (Public Law 109–92) is amended— 

13 (1) in paragraph (4), by adding at the end the 

14 following: ‘‘Notwithstanding the preceding sentence, 

15 the term ‘qualified product’ does not include any 

16 handgun manufactured after the 2-year period that 

17 begins with the date of the enactment of this sen18 tence that is not a personalized handgun or a retro19 fitted personalized handgun.’’; and 

20 (2) by adding at the end the following: 

21 ‘‘(10) AUTHORIZED USER.—The term ‘author22 ized user’, with respect to a handgun, means the 

23 lawful owner of the handgun and any individual au24 thorized by the owner to use the handgun who is alVerDate Mar 15 2010 22:21 May 20, 2013 Jkt 029200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2005.IH H2005

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1 lowed to own, carry, or use a handgun in the State 

2 where the handgun is being used. 

3 ‘‘(11) PERSONALIZED HANDGUN.—The term 

4 ‘personalized handgun’ means a handgun that— 

5 ‘‘(A) enables only an authorized user of a 

6 handgun to fire the handgun; and 

7 ‘‘(B) was manufactured in such a manner 

8 that the firing restriction described in subpara9 graph (A)— 

10 ‘‘(i) is incorporated into the design of 

11 the handgun; and 

12 ‘‘(ii) cannot be readily removed or de13 activated. 

14 ‘‘(12) RETROFITTED PERSONALIZED HAND15 GUN.—The term ‘retrofitted personalized handgun’ 

16 means a handgun fitted with a device that— 

17 ‘‘(A) enables only an authorized user of a 

18 handgun to fire the handgun; and 

19 ‘‘(B) attaches to the handgun in a manner 

20 such that the device cannot be readily removed 

21 or deactivated. 

22 ‘‘(13) HANDGUN.—The term ‘handgun’ has the 

23 meaning given the term in section 921(a)(29) of title 

24 18, United States Code.’’. 

Æ 


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