II 

115TH CONGRESS 

1ST SESSION S. 2045 

To establish a grant program to encourage States to adopt certain policies 

and procedures relating to the transfer and possession of firearms. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 31, 2017 

Mr. BLUMENTHAL (for himself, Mr. MURPHY, Mr. MARKEY, Mr. DURBIN, 

Mrs. GILLIBRAND, Ms. WARREN, Mr. VAN HOLLEN, Ms. DUCKWORTH, 

Ms. HARRIS, Mr. BOOKER, and Mrs. FEINSTEIN) introduced the following bill; which was read twice and referred to the Committee on the 

Judiciary 

A BILL 

To establish a grant program to encourage States to adopt 

certain policies and procedures relating to the transfer 

and possession of firearms. 

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 ‘‘Domestic Violence Gun 

5 Homicide Prevention Act of 2017’’. 

6 SEC. 2. GRANT PROGRAM REGARDING FIREARMS. 

7 (a) GRANT PROGRAM.— 


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1 (1) AUTHORITY TO MAKE GRANTS.—The Direc2 tor of the Office of Community Oriented Policing 

3 Services of the Department of Justice may make 

4 grants to eligible States to assist the State in car5 rying out the policies, procedures, protocols, laws, or 

6 regulations described in subsection (b). 

7 (2) ELIGIBLE STATE.—A State shall be eligible 

8 to receive grants under this subsection on and after 

9 the date on which the Attorney General determines 

10 that the State has in effect policies, procedures, pro11 tocols, laws, or regulations described in subsection 

12 (b). 

13 (3) USE OF FUNDS.—Funds awarded under 

14 this section may be used by a State to assist law en15 forcement agencies or the courts of the State in car16 rying out the policies, procedures, protocols, laws, or 

17 regulations described in subsection (b). 

18 (4) APPLICATION.—An eligible State desiring a 

19 grant under this section shall submit to the Director 

20 of the Office of Community Oriented Policing Serv21 ices an application at such time, in such manner, 

22 and containing or accompanied by such information, 

23 as the Director may reasonably require. 

24 (b) STATE POLICIES AND PROCEDURES.—The poli25 cies, procedures, protocols, laws, or regulations described 


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1 in this subsection are policies, procedures, protocols, laws, 

2 or regulations relating to the possession or transfer of fire3 arms or ammunition (as those terms are defined in section 

4 921 of title 18, United States Code) that— 

5 (1) impose restrictions and penalties substan6 tially similar to or more comprehensive than those 

7 described in paragraphs (8) and (9) of subsection 

8 (d) and paragraphs (8) and (9) of subsection (g) of 

9 section 922 of title 18, United States Code; 

10 (2) requires the seizure or surrender of all fire11 arms and ammunition from an individual— 

12 (A) convicted of any crime for which the 

13 restrictions or penalties described in paragraph 

14 (1) apply; or 

15 (B) against whom any court has issued a 

16 protection order, as defined in section 2266(5) 

17 of title 18, United States Code; 

18 (3) require the State and local courts to con19 sider at the initial appearance before a magistrate of 

20 any individual arrested for any crime for which the 

21 restrictions or penalties described in paragraph (1) 

22 apply, if the individual possesses a firearm or ammu23 nition that has been or is likely to be used to threat24 en, harass, menace, or harm the victim or the vic25 tim’s child, or may otherwise pose a danger to the 


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1 victim or the victim’s child and issue a protection 

2 order, as defined in section 2266(5) of title 18, 

3 United States Code, in which the State or local 

4 court shall prohibit the possession of any firearm or 

5 ammunition and require the surrender or seizure of 

6 any firearm or ammunition then possessed; 

7 (4) give State and local law enforcement the au8 thority, consistent with the Constitution of the 

9 United States, to seize a firearm or ammunition 

10 when responding to domestic violence situations, if 

11 there is probable cause to believe— 

12 (A) such firearm or ammunition is contra13 band or illegally in the possession of the sus14 pected offender; and 

15 (B) such firearm or ammunition has been 

16 or is likely to be used to threaten, harass, men17 ace, or harm the victim or the victim’s child, or 

18 may otherwise pose a danger to the victim or 

19 the victim’s child; and 

20 (5) provide for the safe return of any firearm 

21 or ammunition seized or surrendered as described in 

22 paragraph (2), (3), or (4)— 

23 (A) at such time as— 


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1 (i) the restrictions and penalties of 

2 paragraph (1) no longer apply to such in3 dividual; 

4 (ii) the protection order described in 

5 paragraph (2) or (3) is no longer in force 

6 against such individual; or 

7 (iii) the firearm or ammunition de8 scribed in paragraph (4) is determined not 

9 to be contraband or illegally in the sus10 pected offender’s possession; and 

11 (B) in a manner that does not endanger 

12 the safety of persons who were the victim of 

13 any crime described in paragraph (1) or sus14 pected crime described in paragraph (4) or who 

15 were the persons protected by the protection 

16 order described in paragraph (2) or (3). 

17 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

18 are authorized to be appropriated such sums as are nec19 essary to carry out this section. 

Æ 


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