II 

114TH CONGRESS 

1ST SESSION S. 1474 

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 

JUNE 2, 2015 

Mr. MARKEY (for himself and Ms. WARREN) 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 2015’’. 

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) In 2011, according to the Centers for Dis11 ease Control, there were 851 accidental firearm 

12 deaths. 

13 (5) In 2010, according to the Centers for Dis14 ease Control, 62 people under the age of 15 were 

15 killed accidentally with firearms. 

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, 45 law enforcement officers were killed with 

21 their own firearm between 2002 and 2011. 

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

24 States in 2011 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) HANDGUN.—The term ‘‘handgun’’ has the 

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

17 18, United States Code. 

18 (3) PERSONALIZED HANDGUN.—The term ‘‘per19 sonalized handgun’’ means a handgun that— 

20 (A) enables only an authorized user of the 

21 handgun to fire the handgun; and 

22 (B) is manufactured in such a manner 

23 that the firing restriction described in subpara24 graph (A)— 


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1 (i) is incorporated into the design of 

2 the handgun; 

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

4 (iii) cannot be readily removed or de5 activated. 

6 (4) QUALIFIED ENTITY.—The term ‘‘qualified 

7 entity’’ means— 

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

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

10 or 

11 (C) an institution of higher education (as 

12 defined in section 101 of the Higher Education 

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

14 (5) RETROFITTED PERSONALIZED HANDGUN.— 

15 The term ‘‘retrofitted personalized handgun’’ means 

16 a handgun fitted with a device that— 

17 (A) enables only an authorized user of the 

18 handgun to fire the handgun; and 

19 (B) cannot be readily removed or deacti20 vated. 

21 SEC. 102. AUTHORIZATION. 

22 The Attorney General, acting through the Director 

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

24 title as the ‘‘Director’’), shall make grants to qualified en25 tities to develop technology for personalized handguns. 


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1 SEC. 103. APPLICATIONS. 

2 A qualified entity seeking a grant under this title 

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

4 in such manner, and containing such information as the 

5 Director may reasonably require. 

6 SEC. 104. USES OF FUNDS. 

7 A qualified entity that receives a grant under this 

8 title— 

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

10 amount of the grant to develop technology for per11 sonalized handguns; 

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

13 amount of the grant to develop technology for retro14 fitted personalized handguns; and 

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

16 amount of the grant for administrative costs associ17 ated with the development of technology funded 

18 under this title. 

19 SEC. 105. TERM; RENEWAL. 

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

21 be for a term of 1 year. 

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

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

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

25 manner, and containing such information as the Director 

26 may reasonably require. 


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1 SEC. 106. REPORTS. 

2 (a) REPORTS TO DIRECTOR.—A qualified entity re3 ceiving a grant under this title shall submit to the Director 

4 such reports, at such time, in such manner, and con5 taining such information as the Director may reasonably 

6 require. 

7 (b) REPORTS TO CONGRESS.—Each year, the Direc8 tor shall submit to Congress a report that contains a sum9 mary of the information submitted to the Director under 

10 subsection (a) during the previous year. 

11 SEC. 107. REGULATIONS. 

12 The Director may promulgate such guidelines, rules, 

13 regulations, and procedures as may be necessary to carry 

14 out this title. 

15 SEC. 108. AUTHORIZATION OF APPROPRIATIONS. 

16 There is authorized to be appropriated to carry out 

17 this title $2,000,000 for each of fiscal years 2016 and 

18 2017. 

19 TITLE II—CONSUMER PRODUCT 

20 SAFETY COMMISSION SAFETY 

21 STANDARD 

22 SEC. 201. DEFINITIONS. 

23 In this title: 

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

25 The terms ‘‘antique firearm’’, ‘‘firearm’’, and ‘‘handVerDate Sep 11 2014 23:50 Jun 02, 2015 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1474.IS S1474

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1 gun’’ have the meaning given those terms in section 

2 921 of title 18, United States Code. 

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

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

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

6 (B) any individual who is— 

7 (i) authorized by the lawful owner of 

8 the firearm to use the firearm; and 

9 (ii) authorized, under the law of the 

10 State where the firearm is being used, to 

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

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

13 means the Consumer Product Safety Commission. 

14 (4) CONSUMER PRODUCT SAFETY RULE.—The 

15 term ‘‘consumer product safety rule’’ has the mean16 ing given the term in section 3(a) of the Consumer 

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

18 (5) MANUFACTURED AND MANUFACTURER.— 

19 The terms ‘‘manufactured’’ and ‘‘manufacturer’’ 

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

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

22 2052(a)). 

23 (6) PERSONALIZED HANDGUN.—The term ‘‘per24 sonalized handgun’’ means a handgun that— 


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1 (A) enables only an authorized user of a 

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 (7) RETROFITTED PERSONALIZED HANDGUN.— 

12 The term ‘‘retrofitted personalized handgun’’ means 

13 a handgun fitted with a device that— 

14 (A) enables only an authorized user of a 

15 handgun to fire the handgun; and 

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

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

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

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

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

22 (9) TO DISTRIBUTE IN COMMERCE AND DIS23 TRIBUTION IN COMMERCE.—The terms ‘‘to dis24 tribute in commerce’’ and ‘‘distribution in com25 merce’’ have the meaning given those terms in secVerDate Sep 11 2014 23:50 Jun 02, 2015 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1474.IS S1474

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1 tion 3(a) of the Consumer Product Safety Act (15 

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

3 SEC. 202. PROHIBITION ON MANUFACTURING AND DIS4 TRIBUTION OF HANDGUNS THAT ARE NOT 

5 PERSONALIZED HANDGUNS. 

6 (a) PROHIBITION.— 

7 (1) MANUFACTURING.—Beginning on the date 

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

9 Act, no person may manufacture in the United 

10 States a handgun that is not a personalized hand11 gun. 

12 (2) DISTRIBUTION IN COMMERCE.—Beginning 

13 on the date that is 10 years after the date of enact14 ment of this Act, no person may distribute in com15 merce any handgun that is not a personalized hand16 gun or a retrofitted personalized handgun. 

17 (3) EXEMPTIONS FOR ANTIQUE FIREARMS AND

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

19 not apply to— 

20 (A) an antique firearm; 

21 (B) the manufacture of a firearm that is 

22 sold to the Department of Defense; or 

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

24 the Department of Defense. 


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1 (b) ENFORCEMENT BY CONSUMER PRODUCT SAFETY

2 COMMISSION.— 

3 (1) TREATMENT OF VIOLATION.—Notwith4 standing section 3(a)(5)(E) of the Consumer Prod5 uct Safety Act (15 U.S.C. 2052(a)(5)(E)), a viola6 tion of subsection (a) or any rule promulgated by 

7 the Commission pursuant to paragraph (4) shall be 

8 treated as a violation of section 19(a)(1) of the Con9 sumer Product Safety Act (15 U.S.C. 2068(a)(1)). 

10 (2) TREATMENT AS CONSUMER PRODUCT SAFE11 TY STANDARDS.—Notwithstanding section 

12 3(a)(5)(E) of the Consumer Product Safety Act (15 

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

14 promulgated pursuant to paragraph (4) shall be con15 sidered consumer product safety rules. 

16 (3) POWERS OF COMMISSION.— 

17 (A) IN GENERAL.—The Commission shall 

18 enforce this section in the same manner, by the 

19 same means, and with the same jurisdiction, 

20 powers, and duties as though all applicable 

21 terms and provisions of the Consumer Product 

22 Safety Act (15 U.S.C. 2051 et seq.) were incor23 porated into and made a part of this section. 

24 (B) PRIVILEGES AND IMMUNITIES.—Any 

25 person who violates this section shall be subject 


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1 to the penalties and entitled to the privileges 

2 and immunities provided in the Consumer 

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

4 (4) REGULATIONS.—The Commission, in con5 sultation with the Attorney General and the Director 

6 of the National Institute of Justice, may promulgate 

7 such rules as the Commission considers appropriate 

8 to carry out this section. 

9 (c) ENFORCEMENT BY STATES.— 

10 (1) IN GENERAL.—In any case in which the at11 torney general of a State has reason to believe that 

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

13 is threatened or adversely affected by the engage14 ment of any person in a practice that violates sub15 section (a), the attorney general of the State may, 

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

17 the residents of the State in an appropriate district 

18 court of the United States— 

19 (A) to enjoin further violation of such sub20 section by such person; 

21 (B) to compel compliance with such sub22 section; 

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

24 compensation on behalf of such residents; or 


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1 (D) to such civil penalties and other relief 

2 as the court considers appropriate. 

3 (2) RIGHTS OF CONSUMER PRODUCT SAFETY

4 COMMISSION.— 

5 (A) NOTICE TO CONSUMER PRODUCT

6 SAFETY COMMISSION.— 

7 (i) IN GENERAL.—Except as provided 

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

9 State shall notify the Commission in writ10 ing that the attorney general intends to 

11 bring a civil action under paragraph (1) 

12 not later than 10 days before initiating the 

13 civil action. 

14 (ii) CONTENTS.—The notification re15 quired by clause (i) with respect to a civil 

16 action shall include a copy of the complaint 

17 to be filed to initiate the civil action. 

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

19 for the attorney general of a State to pro20 vide the notification required by clause (i) 

21 before initiating a civil action under para22 graph (1), the attorney general shall notify 

23 the Commission immediately upon insti24 tuting the civil action. 


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1 (B) INTERVENTION BY CONSUMER PROD2 UCT SAFETY COMMISSION.—The Commission 

3 may— 

4 (i) intervene in any civil action 

5 brought by the attorney general of a State 

6 under paragraph (1); and 

7 (ii) upon intervening— 

8 (I) be heard on all matters aris9 ing in the civil action; and 

10 (II) file petitions for appeal of a 

11 decision in the civil action. 

12 (3) INVESTIGATORY POWERS.—Nothing in this 

13 subsection may be construed to prevent the attorney 

14 general of a State from exercising the powers con15 ferred on the attorney general by the laws of the 

16 State to conduct investigations, to administer oaths 

17 or affirmations, or to compel the attendance of wit18 nesses or the production of documentary or other 

19 evidence. 

20 (4) PREEMPTIVE ACTION BY CONSUMER PROD21 UCT SAFETY COMMISSION.—If the Commission insti22 tutes a civil action or an administrative action with 

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

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

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


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1 against any defendant named in the complaint of the 

2 Commission for the violation with respect to which 

3 the Commission instituted such action. 

4 (5) VENUE; SERVICE OF PROCESS.— 

5 (A) VENUE.—Any action brought under 

6 paragraph (1) may be brought in— 

7 (i) the district court of the United 

8 States that meets applicable requirements 

9 relating to venue under section 1391 of 

10 title 28, United States Code; or 

11 (ii) another court of competent juris12 diction. 

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

14 brought under paragraph (1), process may be 

15 served in any district in which the defendant— 

16 (i) is an inhabitant; or 

17 (ii) may be found. 

18 (6) ACTIONS BY OTHER STATE OFFICIALS.— 

19 (A) IN GENERAL.—In addition to civil ac20 tions brought by attorneys general under para21 graph (1), any other officer of a State who is 

22 authorized by the State to do so may bring a 

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

24 same requirements and limitations that apply 


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1 under this subsection to civil actions brought by 

2 attorneys general. 

3 (B) SAVINGS PROVISION.—Nothing in this 

4 subsection may be construed to prohibit an au5 thorized official of a State from initiating or 

6 continuing any proceeding in a court of the 

7 State for a violation of any civil or criminal law 

8 of the State. 

9 (d) COST OF RETROFITTING.— 

10 (1) COST BORNE BY MANUFACTURERS.—Upon 

11 the request of the owner of a handgun that was 

12 manufactured in the United States and that is not 

13 a personalized handgun or retrofitted personalized 

14 handgun, the manufacturer of the handgun— 

15 (A) shall— 

16 (i) retrofit the handgun so that the 

17 handgun is a retrofitted personalized hand18 gun; and 

19 (ii) return the handgun to the owner 

20 within a reasonable period of time; and 

21 (B) may not request compensation for the 

22 retrofit from the owner. 

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

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

25 in consultation with the Attorney General and the 


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1 Director of the National Institute of Justice, shall 

2 by regulation establish the maximum period of time 

3 within which a manufacturer that receives a request 

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

5 shall retrofit and return the handgun to the owner. 

6 (3) REIMBURSEMENT FROM DEPARTMENT OF

7 JUSTICE ASSETS FORFEITURE FUND.—Section 

8 524(c)(1) of title 28, United States Code, is amend9 ed— 

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

11 ‘‘and’’ at the end; 

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

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

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

15 following: 

16 ‘‘(J) payments to reimburse manufacturers of 

17 handguns for the costs of retrofitting handguns to 

18 comply with the requirement under section 

19 202(d)(1) of the Handgun Trigger Safety Act of 

20 2015.’’. 

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

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

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

24 provision of law is inconsistent with the provisions of this 

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


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1 TITLE III—EXEMPTION FROM 

2 THE PROTECTION OF LAW3 FUL COMMERCE IN ARMS ACT 

4 SEC. 301. EXEMPTIONS FROM THE PROTECTION OF LAW5 FUL COMMERCE IN ARMS ACT. 

6 Section 4 of the Protection of Lawful Commerce in 

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

8 (1) in paragraph (4)— 

9 (A) by striking ‘‘The term ‘qualified prod10 uct’ means’’ and inserting the following: ‘‘The 

11 term ‘qualified product’— 

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

13 means’’; 

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

15 inserting ‘‘; and’’; and 

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

17 ‘‘(ii) does not include a handgun 

18 that— 

19 ‘‘(I) is manufactured on or after 

20 the date that is 5 years after the date 

21 of enactment of the Handgun Trigger 

22 Safety Act of 2015; and 

23 ‘‘(II) is not a— 

24 ‘‘(aa) personalized handgun; 

25 or 


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1 ‘‘(bb) retrofitted personal2 ized handgun.’’; and 

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

4 ‘‘(10) AUTHORIZED USER.—The term ‘author5 ized user’, with respect to a firearm, means— 

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

7 ‘‘(B) any individual who is— 

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

9 the firearm to use the firearm; and 

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

11 State where the firearm is being used, to 

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

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

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

15 18, United States Code. 

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

17 ‘personalized handgun’ means a handgun that— 

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

19 handgun to fire the handgun; and 

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

21 that the firing restriction described in subpara22 graph (A)— 

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

24 the handgun; 

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


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1 ‘‘(iii) cannot be readily removed or de2 activated. 

3 ‘‘(13) RETROFITTED PERSONALIZED HAND4 GUN.—The term ‘retrofitted personalized handgun’ 

5 means a handgun fitted with a device that— 

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

7 handgun to fire the handgun; and 

8 ‘‘(B) cannot be readily removed or deacti9 vated.’’. 

Æ 


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