II 

116TH CONGRESS 

2D SESSION S. 4271 

To reform Federal firearms laws, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 22, 2020 

Mr. KAINE (for himself and Mr. WARNER) introduced the following bill; which 

was read twice and referred to the Committee on the Judiciary 

A BILL 

To reform Federal firearms laws, 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 ‘‘Virginia Plan to Reduce Gun Violence Act of 2020’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—FIREARM SALES 

Sec. 101. Firearms transfers. 

Sec. 102. Handgun sales. 

TITLE II—EXTREME RISK PROTECTION ORDERS 

Sec. 201. Definitions. 

Sec. 202. Extreme risk protection grant program. 


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Sec. 203. National extreme risk protection order law. 

Sec. 204. Federal firearms prohibition. 

Sec. 205. Full faith and credit. 

TITLE III—FIREARM SAFETY REQUIREMENTS 

Sec. 301. Reporting lost or stolen firearms. 

Sec. 302. Access to firearms by minors. 

Sec. 303. Prohibiting persons convicted of misdemeanor crimes against dating 

partners and persons subject to protection orders. 

Sec. 304. Prohibiting stalkers and individuals subject to court order from possessing a firearm. 

1 TITLE I—FIREARM SALES 

2 SEC. 101. FIREARMS TRANSFERS. 

3 (a) OFFENSE.—Section 922 of title 18, United States 

4 Code, is amended by adding at the end the following: 

5 ‘‘(aa)(1)(A) It shall be unlawful for any person who 

6 is not a licensed importer, licensed manufacturer, or li7 censed dealer to transfer a firearm to any other person 

8 who is not so licensed, unless a licensed importer, licensed 

9 manufacturer, or licensed dealer has first taken possession 

10 of the firearm for the purpose of complying with sub11 section (t). 

12 ‘‘(B) Upon taking possession of a firearm under sub13 paragraph (A), a licensee shall comply with all require14 ments of this chapter as if the licensee were transferring 

15 the firearm from the inventory of the licensee to the unli16 censed transferee. 

17 ‘‘(C) If a transfer of a firearm described in subpara18 graph (A) will not be completed for any reason after a 

19 licensee takes possession of the firearm (including because 

20 the transfer of the firearm to, or receipt of the firearm 


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1 by, the transferee would violate this chapter), the return 

2 of the firearm to the transferor by the licensee shall not 

3 constitute the transfer of a firearm for purposes of this 

4 chapter. 

5 ‘‘(2) Paragraph (1) shall not apply to— 

6 ‘‘(A) a law enforcement agency or any law en7 forcement officer, armed private security profes8 sional, or member of the armed forces, to the extent 

9 the officer, professional, or member is acting within 

10 the course and scope of employment and official du11 ties; 

12 ‘‘(B) a transfer that is a loan or bona fide gift 

13 between spouses, between domestic partners, be14 tween parents and their children, including step-par15 ents and their step-children, between siblings, be16 tween aunts or uncles and their nieces or nephews, 

17 or between grandparents and their grandchildren; 

18 ‘‘(C) a transfer to an executor, administrator, 

19 trustee, or personal representative of an estate or a 

20 trust that occurs by operation of law upon the death 

21 of another person; 

22 ‘‘(D) a temporary transfer that is necessary to 

23 prevent imminent death or great bodily harm, if the 

24 possession by the transferee lasts only as long as im25 mediately necessary to prevent the imminent death 


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1 or great bodily harm, including the harm of domestic 

2 violence, dating partner violence, sexual assault, 

3 stalking, and domestic abuse; 

4 ‘‘(E) a transfer that is approved by the Attor5 ney General under section 5812 of the Internal Rev6 enue Code of 1986; or 

7 ‘‘(F) a temporary transfer if the transferor has 

8 no reason to believe that the transferee will use or 

9 intends to use the firearm in a crime or is prohibited 

10 from possessing firearms under State or Federal 

11 law, and the transfer takes place and the trans12 feree’s possession of the firearm is exclusively— 

13 ‘‘(i) at a shooting range or in a shooting 

14 gallery or other area designated for the purpose 

15 of target shooting; 

16 ‘‘(ii) while reasonably necessary for the 

17 purposes of hunting, trapping, or fishing, if the 

18 transferor— 

19 ‘‘(I) has no reason to believe that the 

20 transferee intends to use the firearm in a 

21 place where it is illegal; and 

22 ‘‘(II) has reason to believe that the 

23 transferee will comply with all licensing 

24 and permit requirements for such hunting, 

25 trapping, or fishing; or 


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1 ‘‘(iii) while in the presence of the trans2 feror. 

3 ‘‘(3)(A) Notwithstanding any other provision of this 

4 chapter, the Attorney General may implement this sub5 section with regulations. 

6 ‘‘(B) Regulations promulgated under this paragraph 

7 may not include any provision requiring licensees to facili8 tate transfers in accordance with paragraph (1). 

9 ‘‘(C) Regulations promulgated under this paragraph 

10 may not include any provision requiring persons not li11 censed under this chapter to keep records of background 

12 checks or firearms transfers. 

13 ‘‘(D) Regulations promulgated under this paragraph 

14 may not include any provision placing a cap on the fee 

15 licensees may charge to facilitate transfers in accordance 

16 with paragraph (1). 

17 ‘‘(4) It shall be unlawful for a licensed importer, li18 censed manufacturer, or licensed dealer to transfer posses19 sion of, or title to, a firearm to another person who is 

20 not so licensed unless the importer, manufacturer, or deal21 er has provided such other person with a notice of the 

22 prohibition under paragraph (1), and such other person 

23 has certified that such other person has been provided 

24 with this notice on a form prescribed by the Attorney Gen25 eral.’’. 


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1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) shall take effect 180 days after the date 

3 of enactment of this Act. 

4 SEC. 102. HANDGUN SALES. 

5 (a) LIMITATION ON MULTIPLE HANDGUN PUR6 CHASES.—Section 922 of title 18, United States Code, as 

7 amended by section 101, is amended by adding at the end 

8 the following: 

9 ‘‘(bb)(1) Except as provided in paragraph (2), it shall 

10 be unlawful for any person who is not a licensed importer, 

11 licensed manufacturer, or licensed dealer to purchase more 

12 than 1 handgun in a 30-day period. 

13 ‘‘(2) Paragraph (1) shall not apply to— 

14 ‘‘(A) an individual with a certificate issued by 

15 a law enforcement agency of the State in which the 

16 individual resides certifying the individual has 

17 passed an enhanced background check; 

18 ‘‘(B) a law enforcement agency or law enforce19 ment officer or member of the armed forces, to the 

20 extent the officer, professional, or member is acting 

21 within the course and scope of employment and offi22 cial duties; 

23 ‘‘(C) a State or local correctional facility; 


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1 ‘‘(D) a private security company licensed by the 

2 State or unit of local government in which the com3 pany operates; or 

4 ‘‘(E) the purchase of a handgun that is— 

5 ‘‘(i) an antique firearm; or 

6 ‘‘(ii) listed as a curio or relic by the Attor7 ney General pursuant to section 921(a)(13) by 

8 a licensed collector.’’. 

9 (b) EFFECTIVE DATE.—The amendment made by 

10 subsection (a) shall take effect 180 days after the date 

11 of enactment of this Act. 

12 TITLE II—EXTREME RISK 

13 PROTECTION ORDERS 

14 SEC. 201. DEFINITIONS. 

15 In this title: 

16 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti17 ty’’ means— 

18 (A) a State or Indian Tribe— 

19 (i) that enacts legislation described in 

20 section 203; 

21 (ii) with respect to which the Attorney 

22 General determines that the legislation de23 scribed in clause (i) complies with the re24 quirements of section 203; and 


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1 (iii) that certifies to the Attorney 

2 General that the State or Indian Tribe 

3 shall— 

4 (I) use the grant for the purposes 

5 described in section 202(b); and 

6 (II) allocate not less than 25 per7 cent of the amount received under a 

8 grant under section 202 for training 

9 for law enforcement officers; or 

10 (B) a unit of local government or other 

11 public or private entity that— 

12 (i) is located in a State or in the terri13 tory under the jurisdiction of an Indian 

14 Tribe that meets the requirements de15 scribed in clauses (i) and (ii) of subpara16 graph (A); and 

17 (ii) certifies to the Attorney General 

18 that the unit of local government or entity 

19 shall— 

20 (I) use the grant for the purposes 

21 described in section 202(b); and 

22 (II) allocate not less than 25 per23 cent of the amount received under a 

24 grant under section 202 for training 

25 for law enforcement officers. 


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1 (2) EXTREME RISK PROTECTION ORDER.—The 

2 term ‘‘extreme risk protection order’’ means a writ3 ten order or warrant, issued by a State or Tribal 

4 court or signed by a magistrate (or other com5 parable judicial officer), the primary purpose of 

6 which is to reduce the risk of firearm-related death 

7 or injury by doing one or more of the following: 

8 (A) Prohibiting a named individual from 

9 having under the custody or control of the indi10 vidual, owning, purchasing, possessing, or re11 ceiving a firearm. 

12 (B) Having a firearm removed or requiring 

13 the surrender of firearms from a named indi14 vidual. 

15 (3) FIREARM.—The term ‘‘firearm’’ has the 

16 meaning given the term in section 921 of title 18, 

17 United States Code. 

18 (4) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

19 has the meaning given the term ‘‘Indian tribe’’ in 

20 section 1709 of the Public Safety and Community 

21 Policing Act of 1994 (34 U.S.C. 10389). 

22 (5) LAW ENFORCEMENT OFFICER.—The term 

23 ‘‘law enforcement officer’’ means a public servant 

24 authorized by State, local, or Tribal law or by a 

25 State, local, or Tribal government agency to— 


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1 (A) engage in or supervise the prevention, 

2 detection, investigation, or prosecution of an of3 fense; or 

4 (B) supervise sentenced criminal offenders. 

5 (6) PETITIONER.—The term ‘‘petitioner’’ 

6 means an individual authorized under State or Trib7 al law to petition for an extreme risk protection 

8 order. 

9 (7) STATE.—The term ‘‘State’’ means— 

10 (A) a State; 

11 (B) the District of Columbia; 

12 (C) the Commonwealth of Puerto Rico; 

13 and 

14 (D) any other territory or possession of the 

15 United States. 

16 (8) UNIT OF LOCAL GOVERNMENT.—The term 

17 ‘‘unit of local government’’ has the meaning given 

18 the term in section 901 of the Omnibus Crime Con19 trol and Safe Streets Act of 1968 (34 U.S.C. 

20 10251). 

21 SEC. 202. EXTREME RISK PROTECTION GRANT PROGRAM. 

22 (a) IN GENERAL.—The Director of the Office of 

23 Community Oriented Policing Services of the Department 

24 of Justice shall establish a program under which, from 

25 amounts made available to carry out this section, the DiVerDate Sep 11 2014 05:32 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S4271.IS S4271

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1 rector may make grants to eligible entities to assist in car2 rying out the provisions of the legislation described in sec3 tion 203. 

4 (b) USE OF FUNDS.—Funds awarded under this sec5 tion may be used by an applicant to— 

6 (1) enhance the capacity of law enforcement 

7 agencies and the courts of a State, unit of local gov8 ernment, or Indian Tribe by providing personnel, 

9 training, technical assistance, data collection, and 

10 other resources to carry out legislation described in 

11 section 203; 

12 (2) train judges, court personnel, and law en13 forcement officers to more accurately identify indi14 viduals whose access to firearms poses a danger of 

15 causing harm to themselves or others by increasing 

16 the risk of firearms suicide or interpersonal violence; 

17 (3) develop and implement law enforcement and 

18 court protocols, forms, and orders so that law en19 forcement agencies and the courts may carry out the 

20 provisions of the legislation described in section 203 

21 in a safe and effective manner, including through 

22 the removal and storage of firearms pursuant to ex23 treme risk protection orders under the legislation; 

24 and 


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1 (4) raise public awareness and understanding of 

2 the legislation described in section 203 so that ex3 treme risk protection orders may be issued in appro4 priate situations to reduce the risk of firearms-re5 lated death and injury. 

6 (c) APPLICATION.—An eligible entity desiring a grant 

7 under this section shall submit to the Attorney General 

8 an application at such time, in such manner, and con9 taining or accompanied by such information as the Attor10 ney General may reasonably require. 

11 (d) INCENTIVES.—For each of fiscal years 2020 

12 through 2024, the Attorney General shall give affirmative 

13 preference in awarding any discretionary grant awarded 

14 by the Bureau of Justice Assistance to a State or Indian 

15 Tribe that has enacted legislation described in section 203. 

16 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

17 are authorized to be appropriated such sums as are nec18 essary to carry out this section. 

19 SEC. 203. NATIONAL EXTREME RISK PROTECTION ORDER 

20 LAW. 

21 (a) REQUIREMENTS.—Legislation described in this 

22 section is legislation that establishes requirements that are 

23 substantially similar to the following: 

24 (1) APPLICATION FOR EXTREME RISK PROTEC25 TION ORDER.—A petitioner, including a law enforceVerDate Sep 11 2014 05:32 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S4271.IS S4271

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1 ment officer, may submit an application to a State 

2 or Tribal court, on a form designed by the court or 

3 a State or Tribal agency, that— 

4 (A) describes the facts and circumstances 

5 justifying that an extreme risk protection order 

6 be issued against the named individual; and 

7 (B) is signed by the applicant, under oath. 

8 (2) NOTICE.—The individual named in an ap9 plication for an extreme risk protection order as de10 scribed in paragraph (1) shall be given— 

11 (A) written notice of the application; 

12 (B) an opportunity to be heard on the 

13 matter in accordance with this section; and 

14 (C) an opportunity to voluntarily surrender 

15 any firearm in the possession of the individual. 

16 (3) ISSUANCE OF EXTREME RISK PROTECTION

17 ORDERS.— 

18 (A) HEARING.— 

19 (i) IN GENERAL.—Upon receipt of an 

20 application described in paragraph (1), or 

21 request of an individual named in such ap22 plication, the court shall order a hearing to 

23 be held not later than 30 days after the 

24 date of such application or request. 


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1 (ii) DETERMINATION.—After a hear2 ing described in clause (i), if the court 

3 finds by a preponderance of the evidence 

4 that the respondent poses a danger of 

5 causing harm to himself or herself or to 

6 another individual by having access to a 

7 firearm, the court may issue an extreme 

8 risk protection order. 

9 (B) LENGTH OF EXTREME RISK PROTEC10 TION ORDER.—An extreme risk protection order 

11 shall be in effect until— 

12 (i) an order is entered terminating or 

13 superseding the extreme risk protection 

14 order; or 

15 (ii) the date, if any, specified in the 

16 extreme risk protection order. 

17 (C) RETURN OF FIREARMS.—After a hear18 ing conducted under this paragraph, if the 

19 Court finds that the respondent does not pose 

20 a substantial risk of personal injury to himself 

21 or herself or to another individual by having ac22 cess to a firearm, the court shall order that 

23 each firearm surrendered, transferred, or re24 moved under paragraph (5) shall be returned to 

25 the respondent. 


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1 (4) EX PARTE EXTREME RISK PROTECTION OR2 DERS.— 

3 (A) IN GENERAL.—Upon receipt of an ap4 plication described in paragraph (1), the court 

5 may issue an ex parte extreme risk protection 

6 order before conducting the hearing required 

7 under paragraph (3), if— 

8 (i) the application for an extreme risk 

9 protection order alleges that the respond10 ent poses a danger of causing harm to 

11 himself, herself, or others in the near fu12 ture by having access to a firearm; and 

13 (ii) the court finds there is reasonable 

14 cause to believe that the respondent poses 

15 a danger of causing harm to himself, her16 self, or others in the near future by having 

17 access to a firearm. 

18 (B) LENGTH OF EX PARTE EXTREME RISK

19 PROTECTION ORDER.—An ex parte extreme risk 

20 protection order shall be in effect for a period 

21 not to exceed 30 days, unless continued for 

22 good cause. 

23 (5) SURRENDER AND REMOVAL OF FIRE24 ARMS.— 


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1 (A) IN GENERAL.—Upon receipt of notice 

2 under paragraph (1), the individual who is the 

3 subject of an extreme risk protection order ap4 plication shall surrender to a law enforcement 

5 agency, or transfer to a third party, all firearms 

6 in the possession of the individual. 

7 (B) REMOVAL.—If an individual described 

8 in subparagraph (A) does not surrender or 

9 transfer all firearms in the possession of the in10 dividual, the firearms shall be removed by a law 

11 enforcement officer with appropriate jurisdic12 tion. 

13 (6) STORAGE OF REMOVED FIREARMS.—All 

14 firearms removed by, or surrendered to, a law en15 forcement officer under paragraph (5) shall be re16 tained by the law enforcement officer or appropriate 

17 law enforcement agency until the named individual 

18 regains his or her eligibility to possess firearms, ex19 cept that the legislation may authorize a law en20 forcement agency to— 

21 (A) contract with a manufacturer, dealer, 

22 or importer licensed under chapter 44 of title 

23 18, United States Code, for the secure storage 

24 of firearms; and 


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1 (B) transfer the firearm upon proof that 

2 the named individual will no longer have access 

3 to the firearm. 

4 (7) NOTIFICATION.— 

5 (A) IN GENERAL.—A State or tribal court 

6 that issues an extreme risk protection order 

7 shall notify the Department of Justice or the 

8 comparable State or Tribal agency, as applica9 ble, of the order as soon as practicable. Such 

10 notice shall be submitted in an electronic for11 mat, in a manner prescribed by the Department 

12 of Justice or the comparable State or Tribal 

13 agency. 

14 (B) UPDATE OF DATABASES.—As soon as 

15 practicable after receiving a notification under 

16 subparagraph (A), the Department of Justice 

17 or the comparable State or Tribal agency shall 

18 ensure the extreme risk protection order is re19 flected in the National Instant Criminal Back20 ground Check System. 

21 (8) CONFIDENTIALITY PROTECTIONS.—All per22 sonally identifiable information provided to the 

23 court, the Department of Justice, and comparable 

24 State or Tribal agencies shall be kept confidential, 


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1 as required by the laws of the jurisdiction, except as 

2 necessary to carry out the legislation. 

3 (b) ADDITIONAL AUTHORITIES.—Legislation de4 scribed in this section may— 

5 (1) provide procedures for the termination of an 

6 extreme risk protection order; 

7 (2) provide procedures for the renewal of an ex8 treme risk protection order; 

9 (3) establish burdens of proof for issuance of 

10 orders described in paragraphs (3) and (4) of sub11 section (a) that are higher than the burdens of proof 

12 required under those paragraphs; 

13 (4) limit the individuals who may submit an ap14 plication described in subsection (a)(1), provided 

15 that, at a minimum, law enforcement officers are 

16 authorized to do so; and 

17 (5) include other authorizations or requirements 

18 that the State or Indian Tribe determines appro19 priate. 

20 SEC. 204. FEDERAL FIREARMS PROHIBITION. 

21 (a) IN GENERAL.—Section 922 of title 18, United 

22 States Code, is amended— 

23 (1) in subsection (d)— 

24 (A) in paragraph (8)(B)(ii), by striking 

25 ‘‘or’’ at the end; 


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1 (B) in paragraph (9), by striking the pe2 riod at the end and inserting ‘‘; or’’; and 

3 (C) by inserting after paragraph (9) the 

4 following: 

5 ‘‘(10) is subject to a court order that prohibits 

6 such person from having under his or her custody or 

7 control, owning, purchasing, possessing, or receiving 

8 any firearms, or requires the surrender or removal 

9 of firearms from the person, provided that the 

10 order— 

11 ‘‘(A) is issued in a manner consistent with 

12 the due process rights of the person; and 

13 ‘‘(B) is based on a finding that the person 

14 poses a danger of causing harm to himself, her15 self, or others by having access to a firearm.’’; 

16 and 

17 (2) in subsection (g)— 

18 (A) in paragraph (8)(C)(ii), by striking 

19 ‘‘or’’ at the end; 

20 (B) in paragraph (9), by striking the 

21 comma at the end and inserting ‘‘; or’’; and 

22 (C) by inserting after paragraph (9) the 

23 following: 

24 ‘‘(10) is subject to a court order that prohibits 

25 such person from having under his or her custody or 


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1 control, owning, purchasing, possessing, or receiving 

2 any firearms, or requires the surrender or removal 

3 of firearms from the person, provided that the 

4 order— 

5 ‘‘(A) is issued in a manner consistent with 

6 the due process rights of the person; and 

7 ‘‘(B) is based on a finding that the person 

8 poses a danger of causing harm to himself, her9 self, or others by having access to a firearm,’’. 

10 (b) CONFORMING AMENDMENT.—Section 3(1) of the 

11 NICS Improvement Amendments Act of 2007 (34 U.S.C. 

12 40903(1)) is amended by striking ‘‘section 922(g)(8)’’ and 

13 inserting ‘‘paragraph (8) or (10) of section 922(g)’’. 

14 SEC. 205. FULL FAITH AND CREDIT. 

15 Any extreme risk protection order issued under a 

16 State or Tribal law enacted in accordance with this title 

17 shall be accorded the same full faith and credit by the 

18 court of another State or Indian Tribe (the enforcing 

19 State or Indian Tribe) and enforced by the court and law 

20 enforcement personnel of the other State or Tribal govern21 ment as if it were the order of the enforcing State or 

22 Tribe. 


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1 TITLE III—FIREARM SAFETY 

2 REQUIREMENTS 

3 SEC. 301. REPORTING LOST OR STOLEN FIREARMS. 

4 (a) OFFENSE.— 

5 (1) IN GENERAL.—Section 922 of title 18, 

6 United States Code, as amended by section 102, is 

7 amended by adding at the end the following: 

8 ‘‘(cc)(1) It shall be unlawful for a person to fail to 

9 provide notice to an appropriate State or local law enforce10 ment agency of a firearm of the individual, other than an 

11 antique firearm, that was lost or stolen within 48 hours 

12 after the person discovers the loss or theft or is informed 

13 by another person with knowledge of the loss or theft. 

14 ‘‘(2) Except as provided in paragraph (3), a person 

15 who, in good faith, reports the loss or theft of a firearm 

16 under this subsection shall not be liable for any acts or 

17 omissions that result from the theft or loss of the firearm. 

18 ‘‘(3) Paragraph (2) shall not apply to any person 

19 who— 

20 ‘‘(A) knowingly reports false loss or theft under 

21 this subsection; or 

22 ‘‘(B) stored the firearm in a reckless or neg23 ligent manner under this subsection.’’. 

24 (2) PENALTY.—Section 924 of title 18, United 

25 States Code, is amended— 


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1 (A) in subsection (a)(1), by striking ‘‘or 

2 (p)’’ and inserting ‘‘(p), or (q)’’; and 

3 (B) by adding at the end the following: 

4 ‘‘(q) A person who violates section 922(cc) shall be 

5 subject to a civil penalty of not more than $250.’’. 

6 (b) EFFECTIVE DATE.—The amendments made by 

7 subsection (a) shall take effect 180 days after the date 

8 of enactment of this Act. 

9 (c) REPORTING.— 

10 (1) IN GENERAL.—Each State and local law en11 forcement agency shall report to the National Crime 

12 Information Center any lost or stolen firearm that is 

13 reported to the agency under section 922(cc) of title 

14 18, United States Code, as amended by subsection 

15 (a). 

16 (2) USE OF FUNDS REQUIREMENTS.—Section 

17 502(a) of title I of the Omnibus Crime Control and 

18 Safe Streets Act of 1968 (34 U.S.C. 10153(a)) is 

19 amended by adding at the end the following: 

20 ‘‘(7) An assurance that, for each fiscal year 

21 covered by an application, the applicant will use not 

22 less than 5 percent of the total amount of the grant 

23 award for the fiscal year to study and implement ef24 fective management and collection of data relating to 

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1 ment agency of the applicant under section 922(cc) 

2 of title 18, United States Code, unless the applicant 

3 has ensured, and the Attorney General has certified, 

4 that the applicant and each local law enforcement 

5 agency of the applicant is in substantial compliance 

6 with the reporting requirement in section 301(c)(1) 

7 of the Virginia Plan to Reduce Gun Violence Act of 

8 2020.’’. 

9 SEC. 302. ACCESS TO FIREARMS BY MINORS. 

10 (a) OFFENSE.—Section 922(z) of title 18, United 

11 States Code, is amended by adding at the end the fol12 lowing: 

13 ‘‘(4)(A) It shall be unlawful for a person to 

14 recklessly leave a loaded and unsecured firearm, 

15 which has moved in, or that has otherwise affected, 

16 interstate or foreign commerce, in such a manner as 

17 to endanger the life or limb of any other person who 

18 is under the age of 14. 

19 ‘‘(B) Subparagraph (A) shall not apply to a 

20 person if the person— 

21 ‘‘(i) keeps the firearm— 

22 ‘‘(I) secure using a secure gun storage 

23 or safety device; or 

24 ‘‘(II) in a location which a reasonable 

25 person would believe to be secure; or 


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1 ‘‘(ii) carries the firearm on his or her per2 son or within such close proximity thereto that 

3 the person can readily retrieve and use the fire4 arm as if the person carried the firearm on his 

5 or her person.’’. 

6 (b) PENALTY.—Section 924 of title 18, United States 

7 Code, as amended by section 301, is amended— 

8 (1) in subsection (a)(1), by striking ‘‘or (q)’’ 

9 and inserting ‘‘(q), or (r)’’; and 

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

11 ‘‘(r) A person who violates section 922(z)(4) shall be 

12 imprisoned for not more than 1 year, fined not more than 

13 $2,500, or both.’’. 

14 (c) EFFECTIVE DATE.—The amendment made by 

15 subsection (a) shall take effect 180 days after the date 

16 of enactment of this Act. 

17 SEC. 303. PROHIBITING PERSONS CONVICTED OF MIS18 DEMEANOR CRIMES AGAINST DATING PART19 NERS AND PERSONS SUBJECT TO PROTEC20 TION ORDERS. 

21 Section 921(a) of title 18, United States Code, is 

22 amended— 

23 (1) in paragraph (32), by striking all that fol24 lows after ‘‘The term ‘intimate partner’ ’’ and insert25 ing the following: ‘‘— 


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1 ‘‘(A) means, with respect to a person, the 

2 spouse of the person, a former spouse of the 

3 person, an individual who is a parent of a child 

4 of the person, and an individual who cohabi5 tates or has cohabited with the person; and 

6 ‘‘(B) includes— 

7 ‘‘(i) a dating partner or former dating 

8 partner (as defined in section 2266); and 

9 ‘‘(ii) any other person similarly situ10 ated to a spouse who is protected by the 

11 domestic or family violence laws of the 

12 State or tribal jurisdiction in which the in13 jury occurred or where the victim resides.’’; 

14 (2) in paragraph (33)(A)— 

15 (A) in clause (i), by inserting after ‘‘Fed16 eral, State,’’ the following: ‘‘municipal,’’; and 

17 (B) in clause (ii), by inserting ‘‘dating 

18 partner (as defined in section 2266),’’ after 

19 ‘‘spouse,’’ each place it appears; 

20 (3) by redesignating paragraphs (34) and (35) 

21 as paragraphs (35) and (36) respectively; and 

22 (4) by inserting after paragraph (33) the fol23 lowing: 

24 ‘‘(34)(A) The term ‘misdemeanor crime of 

25 stalking’ means an offense that— 


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•S 4271 IS

1 ‘‘(i) is a misdemeanor crime of stalk2 ing under Federal, State, Tribal, or munic3 ipal law; and 

4 ‘‘(ii) is a course of harassment, intimi5 dation, or surveillance of another person 

6 that— 

7 ‘‘(I) places that person in reason8 able fear of material harm to the 

9 health or safety of— 

10 ‘‘(aa) that person; 

11 ‘‘(bb) an immediate family 

12 member (as defined in section 

13 115) of that person; 

14 ‘‘(cc) a household member of 

15 that person; or 

16 ‘‘(dd) a spouse or intimate 

17 partner of that person; or 

18 ‘‘(II) causes, attempts to cause, 

19 or would reasonably be expected to 

20 cause emotional distress to a person 

21 described in item (aa), (bb), (cc), or 

22 (dd) of subclause (I). 

23 ‘‘(B) A person shall not be considered to 

24 have been convicted of such an offense for pur25 poses of this chapter, unless— 


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1 ‘‘(i) the person was represented by 

2 counsel in the case, or knowingly and intel3 ligently waived the right to counsel in the 

4 case; and 

5 ‘‘(ii) in the case of a prosecution for 

6 an offense described in this paragraph for 

7 which a person was entitled to a jury trial 

8 in the jurisdiction in which the case was 

9 tried, either— 

10 ‘‘(I) the case was tried by a jury; 

11 or 

12 ‘‘(II) the person knowingly and 

13 intelligently waived the right to have 

14 the case tried by a jury, by guilty plea 

15 or otherwise. 

16 ‘‘(C) A person shall not be considered to 

17 have been convicted of such an offense for pur18 poses of this chapter if the conviction has been 

19 expunged or set aside, or is an offense for 

20 which the person has been pardoned or has had 

21 civil rights restored (if the law of the applicable 

22 jurisdiction provides for the loss of civil rights 

23 under such an offense) unless the pardon, 

24 expungement, or restoration of civil rights exVerDate Sep 11 2014 05:32 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S4271.IS S4271

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1 pressly provides that the person may not ship, 

2 transport, possess, or receive firearms.’’. 

3 SEC. 304. PROHIBITING STALKERS AND INDIVIDUALS SUB4 JECT TO COURT ORDER FROM POSSESSING A 

5 FIREARM. 

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

7 amended by section 204 of this Act, is amended— 

8 (1) in subsection (d)— 

9 (A) in paragraph (8), by striking ‘‘that re10 strains such person’’ and all that follows, and 

11 inserting ‘‘described in subsection (g)(8);’’; 

12 (B) in paragraph (10), by striking the pe13 riod at the end and inserting ‘‘; or’’; and 

14 (C) by inserting after paragraph (10) the 

15 following: 

16 ‘‘(11) who has been convicted in any court of 

17 a misdemeanor crime of stalking.’’; and 

18 (2) in subsection (g)— 

19 (A) by amending paragraph (8) to read as 

20 follows: 

21 ‘‘(8) who is subject to a court order— 

22 ‘‘(A) that was issued— 

23 ‘‘(i) after a hearing of which such per24 son received actual notice, and at which 


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1 such person had an opportunity to partici2 pate; or 

3 ‘‘(ii) in the case of an ex parte order, 

4 relative to which notice and opportunity to 

5 be heard are provided— 

6 ‘‘(I) within the time required by 

7 State, tribal, or territorial law; and 

8 ‘‘(II) in any event within a rea9 sonable time after the order is issued, 

10 sufficient to protect the due process 

11 rights of the person; 

12 ‘‘(B) that restrains such person from— 

13 ‘‘(i) harassing, stalking, or threat14 ening an intimate partner of such person 

15 or child of such intimate partner or person, 

16 or engaging in other conduct that would 

17 place an intimate partner in reasonable 

18 fear of bodily injury to the partner or 

19 child; or 

20 ‘‘(ii) intimidating or dissuading a wit21 ness from testifying in court; and 

22 ‘‘(C) that— 

23 ‘‘(i) includes a finding that such per24 son represents a credible threat to the 


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1 physical safety of such individual described 

2 in subparagraph (B); or 

3 ‘‘(ii) by its terms explicitly prohibits 

4 the use, attempted use, or threatened use 

5 of physical force against such individual 

6 described in subparagraph (B) that would 

7 reasonably be expected to cause bodily in8 jury;’’; 

9 (B) in paragraph (10), by striking the 

10 comma at the end and inserting ‘‘; or’’; and 

11 (C) by inserting after paragraph (10) the 

12 following: 

13 ‘‘(11) who has been convicted in any court of 

14 a misdemeanor crime of stalking,’’. 

Æ 


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