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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2325 Introduced in Senate (IS)]

<DOC>

117th CONGRESS
  1st Session
                                S. 2325

    To provide grants to States to encourage the implementation and 
maintenance of firearms licensing requirements, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 13, 2021

Mr. Markey (for himself and Ms. Warren) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
    To provide grants to States to encourage the implementation and 
maintenance of firearms licensing requirements, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Making America Safe and Secure Act 
of 2021'' or the ``MASS Act''.

SEC. 2. FIREARMS LICENSING.

    (a) In General.--Title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (34 U.S.C. 10101 et seq.) is amended by adding at 
the end the following:

                     ``PART PP--FIREARMS LICENSING

``SEC. 3061. DEFINITIONS.

    ``(a) In General.--In this part--
            ``(1) the term `covered license' means a--
                    ``(A) firearms license; or
                    ``(B) firearms dealer license;
            ``(2) the term `domestic violence protection order' means a 
        protection order, as defined in section 2266 of title 18, 
        United States Code;
            ``(3) the term `extreme risk protection order'--
                    ``(A) means a written order, issued by a State 
                court or signed by a magistrate that, for a period not 
                to exceed a time frame established by the State--
                            ``(i) prohibits the individual named in the 
                        order from having under the custody or control 
                        of the individual, purchasing, possessing, or 
                        receiving a firearm or ammunition; and
                            ``(ii) requires that any firearm or 
                        ammunition under the custody or control of the 
                        individual be removed; and
                    ``(B) does not include a domestic violence 
                protection order;
            ``(4) the term `prohibited individual' means an individual 
        who is categorically ineligible to receive a covered license;
            ``(5) the term `suitable' means that an individual does not 
        create a risk to public safety; and
            ``(6) the term `thorough background check' means a Federal 
        and State background check, which may include a fingerprint-
        based background check.
    ``(b) Prohibited Individuals.--For purposes of this part, a State--
            ``(1) shall establish standards for categorizing an 
        individual as a prohibited individual for purposes of receiving 
        a covered license; and
            ``(2) in establishing standards with respect to a covered 
        license under paragraph (1), shall take into consideration 
        whether limitations may be warranted based on--
                    ``(A) criminal history;
                    ``(B) whether an individual has been--
                            ``(i) deemed a danger to himself or herself 
                        or other individuals by a court or authorized 
                        administrative body; or
                            ``(ii) committed to a hospital or 
                        institution as a danger to himself or herself 
                        or other individuals;
                    ``(C) age;
                    ``(D) legal residency;
                    ``(E) military dishonorable discharges;
                    ``(F) whether an individual--
                            ``(i) is subject to a permanent or 
                        temporary protection order; or
                            ``(ii) has been convicted of a misdemeanor 
                        crime of domestic violence (as defined in 
                        section 921 of title 18, United States Code);
                    ``(G) outstanding arrest warrants;
                    ``(H) status as a fugitive;
                    ``(I) renunciation of United States citizenship; 
                and
                    ``(J) other factors relevant to the suitability of 
                a license holder.

``SEC. 3062. GRANTS AND CONDITIONS.

    ``(a) Grants Authorized.--The Assistant Attorney General may make 
grants to States to implement or maintain firearms and firearms dealer 
licensing requirements.
    ``(b) Duration of Grants.--A grant under subsection (a) shall be 
for a period of 3 fiscal years.
    ``(c) Use of Funds for Firearms and Firearms Dealer Licensing.--
            ``(1) Activities.--Amounts received under a grant under 
        subsection (a) shall be used for the implementation or 
        maintenance of firearms and firearms dealer licensing 
        requirements, which shall incorporate and implement the 
        elements described in paragraph (2) of this subsection.
            ``(2) Elements.--The elements described in this paragraph 
        are those providing that--
                    ``(A) an individual shall have a firearms license--
                            ``(i) at the time of the purchase, rental, 
                        or lease of a firearm or purchase of 
                        ammunition; and
                            ``(ii) during the entire period of 
                        ownership or possession of a firearm or 
                        ammunition;
                    ``(B)(i) an individual who (including the owner or 
                operator of a business that) sells, rents, or leases a 
                minimum number of firearms, or sells ammunition, during 
                a calendar year shall obtain a firearms dealer license; 
                and
                    ``(ii) the State shall establish the minimum number 
                of firearms for purposes of clause (i), which may not 
                be higher than 10 per calendar year;
                    ``(C) the chief of police or the board or officer 
                having control of the police department of a local 
                government, or a designee within the same department, 
                shall function as the licensing authority;
                    ``(D) for an application for issuance or renewal of 
                a firearms license, the licensing authority shall--
                            ``(i) conduct a thorough background check, 
                        which may include--
                                    ``(I) conducting an interview with 
                                the applicant;
                                    ``(II) requiring the submission of 
                                letters of reference stating that the 
                                applicant is of sound mind and 
                                character; and
                                    ``(III) any other requirements the 
                                State determines relevant; and
                            ``(ii) make a determination of suitability;
                    ``(E) a first-time firearms license applicant shall 
                complete safety training;
                    ``(F) for an application for issuance or renewal of 
                a firearms dealer license, the licensing authority 
                shall conduct an investigation into the criminal 
                history of the applicant, which may include--
                            ``(i) an interview with the applicant;
                            ``(ii) a thorough background check; and
                            ``(iii) any other requirements the State 
                        determines relevant;
                    ``(G) the State shall establish appropriate 
                application processes for covered licenses consistent 
                with Federal, State, and local law;
                    ``(H) the State shall establish standards and 
                processes by which licensing authorities can revoke, 
                suspend, or deny the issuance or renewal of a covered 
                license;
                    ``(I) the State shall ensure that a revocation, 
                suspension, or denial cannot be based on race, color, 
                ethnicity, religion, sex, sexual orientation, or gender 
                identity;
                    ``(J) the State shall establish judicial review 
                processes by which any applicant for or holder of a 
                covered license may, within a reasonable time period, 
                petition to obtain judicial review of a revocation, 
                suspension, or denial of the issuance or renewal of a 
                covered license;
                    ``(K) the State shall establish--
                            ``(i) standards and a process under which a 
                        family member of an individual who the family 
                        member fears is a danger to himself, herself, 
                        or others may petition for an extreme risk 
                        protection order; and
                            ``(ii) standards for the termination or 
                        extension of an order described in clause (i);
                    ``(L) the State shall establish processes under 
                which--
                            ``(i) an individual whose covered license 
                        is revoked or suspended, or whose application 
                        for issuance or renewal of a covered license is 
                        denied, shall surrender or transfer all 
                        firearms and ammunition that are or would have 
                        been covered by the license; and
                            ``(ii) an individual who is subject to an 
                        extreme risk protection order or domestic 
                        violence protection order shall surrender or 
                        transfer all firearms and ammunition in the 
                        possession of the individual;
                    ``(M) the State shall establish requirements with 
                which a firearms dealer licensee must comply, which--
                            ``(i) shall include requirements relating 
                        to--
                                    ``(I) the location at which the 
                                licensee conducts firearm or ammunition 
                                transactions;
                                    ``(II) the manner in which the 
                                licensee records firearm or ammunition 
                                transactions;
                                    ``(III) background checks for 
                                employees of the licensee; and
                                    ``(IV) any other matter that the 
                                State determines appropriate; and
                            ``(ii) may include requirements that a 
                        licensee--
                                    ``(I) maintain a permanent place of 
                                business--
                                            ``(aa) that is not a 
                                        residence; and
                                            ``(bb) at which the 
                                        licensee conducts all firearms 
                                        or ammunition transactions;
                                    ``(II) submit to mandatory record 
                                and inventory inspections by a 
                                licensing authority;
                                    ``(III) maintain a sales record 
                                book at the permanent place of business 
                                described in subclause (I) in 
                                accordance with standards established 
                                by the State;
                                    ``(IV) conduct a pre-employment 
                                background check on each potential 
                                employee to determine the suitability 
                                of any potential employee who may have 
                                direct and unmonitored contact with a 
                                firearm or ammunition; and
                                    ``(V) take any other action that 
                                the State determines appropriate;
                    ``(N) the State shall promulgate rules and 
                regulations to ensure the prompt collection, exchange, 
                dissemination, and distribution of information 
                pertaining to the issuance, renewal, expiration, 
                suspension, or revocation of a covered license;
                    ``(O) the State shall establish standards that are 
                consistent with Federal and State law--
                            ``(i) governing the transfer of a firearm 
                        or ammunition; and
                            ``(ii) for identifying a prohibited 
                        individual, in accordance with section 3061(b);
                    ``(P) the State shall promulgate rules and 
                regulations that require a dealer or private seller of 
                firearms or ammunition to verify the validity of a 
                firearms license before the sale, rental, or lease of 
                any firearm or the sale of any ammunition;
                    ``(Q) a dealer or private seller of firearms or 
                ammunition shall report all sales, rentals, and leases 
                of firearms, and sales of ammunition, to State 
                authorities;
                    ``(R) a dealers of firearms or ammunition shall 
                notify the licensing authority when presented with an 
                invalid or expired firearms license;
                    ``(S) any firearms licensee whose firearm or 
                ammunition is lost or stolen shall report the loss or 
                theft to the licensing authority and State authorities 
                within a reasonable time frame and in a manner 
                established by the State;
                    ``(T) an individual holding a firearms license or 
                firearms dealer license shall renew the license on a 
                time frame established by the State;
                    ``(U) an individual may not use the firearms 
                license of the individual to purchase a firearm or 
                ammunition for--
                            ``(i) the unlawful use of the firearm or 
                        ammunition by another individual; or
                            ``(ii) the resale or other transfer of the 
                        firearm or ammunition to an unlicensed 
                        individual; and
                    ``(V)(i) it shall be unlawful to store or keep a 
                firearm in any place unless the firearm is secured in a 
                locked container or equipped with a tamper-resistant 
                mechanical lock or other safety device, properly 
                engaged so as to render the firearm inoperable by any 
                individual other than the owner or other lawfully 
                authorized user; and
                    ``(ii) for purposes of clause (i), a firearm shall 
                not be considered to be stored or kept if carried by or 
                under the control of the owner or other lawfully 
                authorized user.
    ``(3) Separate Ammunition Dealer License Permitted.--A State that 
requires a license for dealing ammunition that is separate from a 
license for dealing firearms shall be deemed to have satisfied the 
requirements under paragraph (2) relating to a firearms dealer license, 
as that license relates to the dealing of ammunition, if the State 
imposes the same requirements for an ammunition dealer license as are 
mandated under paragraph (2) for a firearms dealer license, as that 
license relates to the dealing of ammunition.
    ``(d) Application.--To be eligible to receive a grant under 
subsection (a), a State shall submit to the Assistant Attorney General 
an application at such time, in such manner, and containing such 
information as the Assistant Attorney General may require, including a 
description of how the State will use the grant to implement or 
maintain firearms and firearms dealer licensing requirements that 
include the elements described in subsection (c)(2).
    ``(e) Annual Report.--Each State receiving a grant under subsection 
(a) shall submit to the Assistant Attorney General, for each fiscal 
year during which the State expends amounts received under the grant, a 
report, at such time and in such manner as the Assistant Attorney 
General may reasonably require, that contains--
            ``(1) a summary of the activities carried out using amounts 
        made available under the grant;
            ``(2) an assessment of whether the activities are achieving 
        the elements described in subsection (c)(2); and
            ``(3) such other information as the Assistant Attorney 
        General may require.
    ``(f) Limitations on the Allocation of Funds.--Not more than 2 
percent of the amount made available to carry out this section in any 
fiscal year may be used by the Assistant Attorney General for salaries 
and administrative expenses.
    ``(g) Reallocation of Appropriations.--A recipient of a grant under 
subsection (a) shall return to the Assistant Attorney General any 
amounts received under the grant that are not expended for a purpose 
described in this section.''.
    (b) Authorization of Appropriations.--Section 1001(a) of title I of 
the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 
10261(a)) is amended by adding at the end the following:
    ``(29) There are authorized to be appropriated such sums as may be 
necessary to carry out part PP.''.
                                 <all>
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