II 

115TH CONGRESS 

1ST SESSION S. 1915 

To provide for the development and use of technology for personalized handguns, to require that all handguns manufactured or sold in, or imported 

into, the United States incorporate such technology, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 4, 2017 

Mr. MARKEY (for himself, Ms. WARREN, and Mr. VAN HOLLEN) introduced 

the following bill; which was read twice and referred to the Committee 

on Commerce, Science, and Transportation 

A BILL 

To provide for the development and use of technology for 

personalized handguns, to require that 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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Handgun Trigger 

5 Safety Act of 2017’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds as follows: 


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1 (1) It is in the interest of the United States to 

2 protect its citizens from handgun violence and acci3 dental firearm deaths. 

4 (2) Personalizing handguns would prevent un5 authorized users, whether children, criminals, or oth6 ers, from misusing the weapons. 

7 (3) Personalizing handguns would allow author8 ized users to continue to lawfully own and use their 

9 handguns more safely. 

10 (4) From 2011 to 2015, according to the Cen11 ters for Disease Control, an average of 544 Ameri12 cans died in firearm accidents each year. 

13 (5) According to research from Everytown for 

14 Gun Safety, an unintentional shooting involving a 

15 child happens every 34 hours in the United States. 

16 (6) According to the National Crime Victimiza17 tion Survey, almost 350,000 incidents of firearm 

18 theft from private citizens occur each year. 

19 (7) According to the Federal Bureau of Inves20 tigation, 24 law enforcement officers were killed with 

21 their own weapon between 2006 and 2015. 

22 (8) According to the Federal Bureau of Inves23 tigation, almost half of all murders in the United 

24 States in 2015 were committed with handguns. 


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1 TITLE I—TECHNOLOGY FOR 

2 PERSONALIZED HANDGUNS 

3 GRANTS 

4 SEC. 101. DEFINITIONS. 

5 In this title: 

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

7 user’’, with respect to a firearm, means— 

8 (A) the lawful owner of the firearm; and 

9 (B) any individual who is— 

10 (i) authorized by the lawful owner of 

11 the firearm to use the firearm; and 

12 (ii) authorized, under the law of the 

13 State where the firearm is being used, to 

14 own, carry, or use a firearm in the State. 

15 (2) DIRECTOR.—The term ‘‘Director’’ means 

16 the Director of the National Institute of Justice. 

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

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

19 United States Code. 

20 (4) PERSONALIZED HANDGUN.—The term ‘‘per21 sonalized handgun’’ means a handgun that— 

22 (A) enables only an authorized user of the 

23 handgun to fire the handgun; and 


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1 (B) is manufactured in such a manner 

2 that the firing restriction described in subpara3 graph (A)— 

4 (i) is incorporated into the design of 

5 the handgun; 

6 (ii) is not sold as an accessory; and 

7 (iii) cannot be readily removed or de8 activated. 

9 (5) QUALIFIED ENTITY.—The term ‘‘qualified 

10 entity’’ means— 

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

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

13 or 

14 (C) an institution of higher education (as 

15 defined in section 101 of the Higher Education 

16 Act of 1965 (20 U.S.C. 1001)). 

17 (6) RETROFITTED PERSONALIZED HANDGUN.— 

18 The term ‘‘retrofitted personalized handgun’’ means 

19 a handgun fitted with a device that— 

20 (A) enables only an authorized user of the 

21 handgun to fire the handgun; and 

22 (B) cannot be readily removed or deacti23 vated. 


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1 SEC. 102. AUTHORIZATION. 

2 The Attorney General, acting through the Director, 

3 shall make grants to qualified entities to develop tech4 nology for personalized handguns. 

5 SEC. 103. APPLICATIONS. 

6 A qualified entity seeking a grant under this title 

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

8 in such manner, and containing such information as the 

9 Director may reasonably require. 

10 SEC. 104. USES OF FUNDS. 

11 A qualified entity that receives a grant under this 

12 title— 

13 (1) shall use not less than 70 percent of the 

14 amount of the grant to develop technology for per15 sonalized handguns; 

16 (2) may use not more than 20 percent of the 

17 amount of the grant to develop technology for retro18 fitted personalized handguns; and 

19 (3) may use not more than 10 percent of the 

20 amount of the grant for administrative costs associ21 ated with the development of technology funded 

22 under this title. 

23 SEC. 105. TERM; RENEWAL. 

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

25 be for a term of 1 year. 


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

2 under this title may renew the grant by submitting to the 

3 Director an application for renewal at such time, in such 

4 manner, and containing such information as the Director 

5 may reasonably require. 

6 SEC. 106. REPORTS. 

7 (a) REPORTS TO DIRECTOR.—A qualified entity re8 ceiving a grant under this title shall submit to the Director 

9 such reports, at such time, in such manner, and con10 taining such information as the Director may reasonably 

11 require. 

12 (b) REPORTS TO CONGRESS.—Each year, the Direc13 tor shall submit to Congress a report that contains a sum14 mary of the information submitted to the Director under 

15 subsection (a) during the previous year. 

16 SEC. 107. REGULATIONS. 

17 The Director may promulgate such guidelines, rules, 

18 regulations, and procedures as may be necessary to carry 

19 out this title. 

20 SEC. 108. AUTHORIZATION OF APPROPRIATIONS. 

21 There are authorized to be appropriated to carry out 

22 this title $2,000,000 for each of the first 2 fiscal years 

23 beginning after the date of the enactment of this Act. 


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1 TITLE II—CONSUMER PRODUCT 

2 SAFETY COMMISSION SAFETY 

3 STANDARD 

4 SEC. 201. DEFINITIONS. 

5 In this title: 

6 (1) ANTIQUE FIREARM; FIREARM; HANDGUN.— 

7 The terms ‘‘antique firearm’’, ‘‘firearm’’, and ‘‘hand8 gun’’ have the meaning given those terms in section 

9 921 of title 18, United States Code. 

10 (2) AUTHORIZED USER.—The term ‘‘authorized 

11 user’’, with respect to a firearm, means— 

12 (A) the lawful owner of the firearm; and 

13 (B) any individual who is— 

14 (i) authorized by the lawful owner of 

15 the firearm to use the firearm; and 

16 (ii) authorized, under the law of the 

17 State where the firearm is being used, to 

18 own, carry, or use a firearm in the State. 

19 (3) COMMISSION.—The term ‘‘Commission’’ 

20 means the Consumer Product Safety Commission. 

21 (4) CONSUMER PRODUCT SAFETY RULE.—The 

22 term ‘‘consumer product safety rule’’ has the mean23 ing given the term in section 3(a) of the Consumer 

24 Product Safety Act (15 U.S.C. 2052(a)). 


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1 (5) MANUFACTURED AND MANUFACTURER.— 

2 The terms ‘‘manufactured’’ and ‘‘manufacturer’’ 

3 have the meaning given those terms in section 3(a) 

4 of the Consumer Product Safety Act (15 U.S.C. 

5 2052(a)). 

6 (6) PERSONALIZED HANDGUN.—The term ‘‘per7 sonalized handgun’’ means a handgun that— 

8 (A) enables only an authorized user of a 

9 handgun to fire the handgun; and 

10 (B) is manufactured in such a manner 

11 that the firing restriction described in subpara12 graph (A)— 

13 (i) is incorporated into the design of 

14 the handgun; 

15 (ii) is not sold as an accessory; and 

16 (iii) cannot be readily removed or de17 activated. 

18 (7) RETROFITTED PERSONALIZED HANDGUN.— 

19 The term ‘‘retrofitted personalized handgun’’ means 

20 a handgun fitted with a device that— 

21 (A) enables only an authorized user of a 

22 handgun to fire the handgun; and 

23 (B) cannot be readily removed or deacti24 vated. 


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1 (8) STATE AND UNITED STATES.—The terms 

2 ‘‘State’’ and ‘‘United States’’ have the meaning 

3 given those terms in section 3(a) of the Consumer 

4 Product Safety Act (15 U.S.C. 2052(a)). 

5 (9) TO DISTRIBUTE IN COMMERCE AND DIS6 TRIBUTION IN COMMERCE.—The terms ‘‘to dis7 tribute in commerce’’ and ‘‘distribution in com8 merce’’ have the meaning given those terms in sec9 tion 3(a) of the Consumer Product Safety Act (15 

10 U.S.C. 2052(a)). 

11 SEC. 202. PROHIBITION ON MANUFACTURING AND DIS12 TRIBUTION OF HANDGUNS THAT ARE NOT 

13 PERSONALIZED HANDGUNS. 

14 (a) PROHIBITION.— 

15 (1) MANUFACTURING.—Beginning on the date 

16 that is 5 years after the date of enactment of this 

17 Act, no person may manufacture in the United 

18 States a handgun that is not a personalized hand19 gun. 

20 (2) DISTRIBUTION IN COMMERCE.—Beginning 

21 on the date that is 10 years after the date of enact22 ment of this Act, no person may distribute in com23 merce any handgun that is not a personalized hand24 gun or a retrofitted personalized handgun. 


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1 (3) EXEMPTIONS FOR ANTIQUE FIREARMS AND

2 MILITARY FIREARMS.—Paragraphs (1) and (2) shall 

3 not apply to— 

4 (A) an antique firearm; 

5 (B) the manufacture of a firearm that is 

6 sold to the Department of Defense; or 

7 (C) the sale or distribution of a firearm to 

8 the Department of Defense. 

9 (b) ENFORCEMENT BY CONSUMER PRODUCT SAFETY

10 COMMISSION.— 

11 (1) TREATMENT OF VIOLATION.—Notwith12 standing section 3(a)(5)(E) of the Consumer Prod13 uct Safety Act (15 U.S.C. 2052(a)(5)(E)), a viola14 tion of subsection (a) or any rule promulgated by 

15 the Commission pursuant to paragraph (4) shall be 

16 treated as a violation of section 19(a)(1) of the Con17 sumer Product Safety Act (15 U.S.C. 2068(a)(1)). 

18 (2) TREATMENT AS CONSUMER PRODUCT SAFE19 TY STANDARDS.—Notwithstanding section 

20 3(a)(5)(E) of the Consumer Product Safety Act (15 

21 U.S.C. 2052(a)(5)(E)), subsection (a) and any rule 

22 promulgated pursuant to paragraph (4) shall be con23 sidered consumer product safety rules. 

24 (3) POWERS OF COMMISSION.— 


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1 (A) IN GENERAL.—The Commission shall 

2 enforce this section in the same manner, by the 

3 same means, and with the same jurisdiction, 

4 powers, and duties as though all applicable 

5 terms and provisions of the Consumer Product 

6 Safety Act (15 U.S.C. 2051 et seq.) were incor7 porated into and made a part of this section. 

8 (B) PRIVILEGES AND IMMUNITIES.—Any 

9 person who violates this section shall be subject 

10 to the penalties and entitled to the privileges 

11 and immunities provided in the Consumer 

12 Product Safety Act (15 U.S.C. 2051 et seq.). 

13 (4) REGULATIONS.—The Commission, in con14 sultation with the Attorney General and the Director 

15 of the National Institute of Justice, may promulgate 

16 such rules as the Commission considers appropriate 

17 to carry out this section. 

18 (c) ENFORCEMENT BY STATES.— 

19 (1) IN GENERAL.—In any case in which the at20 torney general of a State has reason to believe that 

21 an interest of the residents of the State has been or 

22 is threatened or adversely affected by the engage23 ment of any person in a practice that violates sub24 section (a), the attorney general of the State may, 

25 as parens patriae, bring a civil action on behalf of 


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1 the residents of the State in an appropriate district 

2 court of the United States— 

3 (A) to enjoin further violation of such sub4 section by such person; 

5 (B) to compel compliance with such sub6 section; 

7 (C) to obtain damages, restitution, or other 

8 compensation on behalf of such residents; or 

9 (D) to such civil penalties and other relief 

10 as the court considers appropriate. 

11 (2) RIGHTS OF CONSUMER PRODUCT SAFETY

12 COMMISSION.— 

13 (A) NOTICE TO CONSUMER PRODUCT

14 SAFETY COMMISSION.— 

15 (i) IN GENERAL.—Except as provided 

16 in clause (iii), the attorney general of a 

17 State shall notify the Commission in writ18 ing that the attorney general intends to 

19 bring a civil action under paragraph (1) 

20 not later than 10 days before initiating the 

21 civil action. 

22 (ii) CONTENTS.—The notification re23 quired by clause (i) with respect to a civil 

24 action shall include a copy of the complaint 

25 to be filed to initiate the civil action. 


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1 (iii) EXCEPTION.—If it is not feasible 

2 for the attorney general of a State to pro3 vide the notification required by clause (i) 

4 before initiating a civil action under para5 graph (1), the attorney general shall notify 

6 the Commission immediately upon insti7 tuting the civil action. 

8 (B) INTERVENTION BY CONSUMER PROD9 UCT SAFETY COMMISSION.—The Commission 

10 may— 

11 (i) intervene in any civil action 

12 brought by the attorney general of a State 

13 under paragraph (1); and 

14 (ii) upon intervening— 

15 (I) be heard on all matters aris16 ing in the civil action; and 

17 (II) file petitions for appeal of a 

18 decision in the civil action. 

19 (3) INVESTIGATORY POWERS.—Nothing in this 

20 subsection may be construed to prevent the attorney 

21 general of a State from exercising the powers con22 ferred on the attorney general by the laws of the 

23 State to conduct investigations, to administer oaths 

24 or affirmations, or to compel the attendance of witVerDate Sep 11 2014 03:30 Oct 05, 2017 Jkt 079200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S1915.IS S1915

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1 nesses or the production of documentary or other 

2 evidence. 

3 (4) PREEMPTIVE ACTION BY CONSUMER PROD4 UCT SAFETY COMMISSION.—If the Commission insti5 tutes a civil action or an administrative action with 

6 respect to a violation of subsection (b), the attorney 

7 general of a State may not, during the pendency of 

8 such action, bring a civil action under paragraph (1) 

9 against any defendant named in the complaint of the 

10 Commission for the violation with respect to which 

11 the Commission instituted such action. 

12 (5) VENUE; SERVICE OF PROCESS.— 

13 (A) VENUE.—Any action brought under 

14 paragraph (1) may be brought in— 

15 (i) the district court of the United 

16 States that meets applicable requirements 

17 relating to venue under section 1391 of 

18 title 28, United States Code; or 

19 (ii) another court of competent juris20 diction. 

21 (B) SERVICE OF PROCESS.—In an action 

22 brought under paragraph (1), process may be 

23 served in any district in which the defendant— 

24 (i) is an inhabitant; or 

25 (ii) may be found. 


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1 (6) ACTIONS BY OTHER STATE OFFICIALS.— 

2 (A) IN GENERAL.—In addition to civil ac3 tions brought by attorneys general under para4 graph (1), any other officer of a State who is 

5 authorized by the State to do so may bring a 

6 civil action under paragraph (1), subject to the 

7 same requirements and limitations that apply 

8 under this subsection to civil actions brought by 

9 attorneys general. 

10 (B) SAVINGS PROVISION.—Nothing in this 

11 subsection may be construed to prohibit an au12 thorized official of a State from initiating or 

13 continuing any proceeding in a court of the 

14 State for a violation of any civil or criminal law 

15 of the State. 

16 (d) COST OF RETROFITTING.— 

17 (1) COST BORNE BY MANUFACTURERS.—Upon 

18 the request of the owner of a handgun that was 

19 manufactured in the United States and that is not 

20 a personalized handgun or retrofitted personalized 

21 handgun, the manufacturer of the handgun— 

22 (A) shall— 

23 (i) retrofit the handgun so that the 

24 handgun is a retrofitted personalized hand25 gun; and 


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1 (ii) return the handgun to the owner 

2 within a reasonable period of time; and 

3 (B) may not request compensation for the 

4 retrofit from the owner. 

5 (2) RULEMAKING.—Not later than 1 year after 

6 the date of enactment of this Act, the Commission, 

7 in consultation with the Attorney General and the 

8 Director of the National Institute of Justice, shall 

9 by regulation establish the maximum period of time 

10 within which a manufacturer that receives a request 

11 from the owner of a handgun under paragraph (1) 

12 shall retrofit and return the handgun to the owner. 

13 (3) REIMBURSEMENT FROM DEPARTMENT OF

14 JUSTICE ASSETS FORFEITURE FUND.—Section 

15 524(c)(1) of title 28, United States Code, is amend16 ed— 

17 (A) in subparagraph (H), by striking 

18 ‘‘and’’ at the end; 

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

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

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

22 following: 

23 ‘‘(J) payments to reimburse manufacturers of 

24 handguns for the costs of retrofitting handguns to 

25 comply with the requirement under section 


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1 202(d)(1) of the Handgun Trigger Safety Act of 

2 2017.’’. 

3 (e) RELATION TO STATE LAW.—This section shall 

4 not be construed as superseding, altering, or affecting any 

5 provision of law of a State, except to the extent that such 

6 provision of law is inconsistent with the provisions of this 

7 section, and then only to the extent of the inconsistency. 

8 TITLE III—EXEMPTION FROM 

9 THE PROTECTION OF LAW10 FUL COMMERCE IN ARMS ACT 

11 SEC. 301. EXEMPTIONS FROM THE PROTECTION OF LAW12 FUL COMMERCE IN ARMS ACT. 

13 Section 4 of the Protection of Lawful Commerce in 

14 Arms Act (15 U.S.C. 7903) is amended— 

15 (1) in paragraph (4)— 

16 (A) by striking ‘‘The term ‘qualified prod17 uct’ means’’ and inserting the following: ‘‘The 

18 term ‘qualified product’— 

19 ‘‘(i) except as provided in clause (ii), 

20 means’’; 

21 (B) by striking the period at the end and 

22 inserting ‘‘; and’’; and 

23 (C) by adding at the end the following: 

24 ‘‘(ii) does not include a handgun 

25 that— 


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1 ‘‘(I) is manufactured on or after 

2 the date that is 5 years after the date 

3 of enactment of the Handgun Trigger 

4 Safety Act of 2017; and 

5 ‘‘(II) is not a— 

6 ‘‘(aa) personalized handgun; 

7 or 

8 ‘‘(bb) retrofitted personal9 ized handgun.’’; and 

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

11 ‘‘(10) AUTHORIZED USER.—The term ‘author12 ized user’, with respect to a firearm, means— 

13 ‘‘(A) the lawful owner of the firearm; and 

14 ‘‘(B) any individual who is— 

15 ‘‘(i) authorized by the lawful owner of 

16 the firearm to use the firearm; and 

17 ‘‘(ii) authorized, under the law of the 

18 State where the firearm is being used, to 

19 own, carry, or use a firearm in the State. 

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

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

22 United States Code. 

23 ‘‘(12) PERSONALIZED HANDGUN.—The term 

24 ‘personalized handgun’ means a handgun that— 


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1 ‘‘(A) enables only an authorized user of the 

2 handgun to fire the handgun; and 

3 ‘‘(B) is manufactured in such a manner 

4 that the firing restriction described in subpara5 graph (A)— 

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

7 the handgun; 

8 ‘‘(ii) is not sold as an accessory; and 

9 ‘‘(iii) cannot be readily removed or de10 activated. 

11 ‘‘(13) RETROFITTED PERSONALIZED HAND12 GUN.—The term ‘retrofitted personalized handgun’ 

13 means a handgun fitted with a device that— 

14 ‘‘(A) enables only an authorized user of the 

15 handgun to fire the handgun; and 

16 ‘‘(B) cannot be readily removed or deacti17 vated.’’. 

Æ 


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