II 

114TH CONGRESS 

1ST SESSION S. 2198 

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 22, 2015 

Mr. BLUMENTHAL (for himself, Ms. WARREN, Mr. SCHATZ, Mr. DURBIN, Mr. 

KAINE, and Mr. MURPHY) 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 2015’’. 

6 SEC. 2. GRANT PROGRAM REGARDING FIREARMS. 

7 (a) GRANT PROGRAM.— 

8 (1) AUTHORITY TO MAKE GRANTS.—The Direc9 tor of the Office of Community Oriented Policing 


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1 Services of the Department of Justice may make 

2 grants to eligible States to assist the State in car3 rying out the policies, procedures, protocols, laws, or 

4 regulations described in subsection (b). 

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

6 to receive grants under this subsection on and after 

7 the date on which the Attorney General determines 

8 that the State has in effect policies, procedures, pro9 tocols, laws, or regulations described in subsection 

10 (b). 

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

12 this section may be used by a State to assist law en13 forcement agencies or the courts of the State in car14 rying out the policies, procedures, protocols, laws, or 

15 regulations described in subsection (b). 

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

17 grant under this section shall submit to the Director 

18 of the Office of Community Oriented Policing Serv19 ices an application at such time, in such manner, 

20 and containing or accompanied by such information, 

21 as the Director may reasonably require. 

22 (b) STATE POLICIES AND PROCEDURES.—The poli23 cies, procedures, protocols, laws, or regulations described 

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

25 or regulations relating to the possession or transfer of fireVerDate Sep 11 2014 02:48 Oct 23, 2015 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2198.IS S2198

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1 arms or ammunition (as those terms are defined in section 

2 921 of title 18, United States Code) that— 

3 (1) impose restrictions and penalties substan4 tially similar to or more comprehensive than those 

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

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

7 section 922 of title 18, United States Code; 

8 (2) requires the seizure or surrender of all fire9 arms and ammunition from an individual— 

10 (A) convicted of any crime for which the 

11 restrictions or penalties described in paragraph 

12 (1) apply; or 

13 (B) against whom any court has issued a 

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

15 of title 18, United States Code; 

16 (3) require the State and local courts to con17 sider at the initial appearance before a magistrate of 

18 any individual arrested for any crime for which the 

19 restrictions or penalties described in paragraph (1) 

20 apply, if the individual possesses a firearm or ammu21 nition that has been or is likely to be used to threat22 en, harass, menace, or harm the victim or the vic23 tim’s child, or may otherwise pose a danger to the 

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

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


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1 United States Code, in which the State or local 

2 court shall prohibit the possession of any firearm or 

3 ammunition and require the surrender or seizure of 

4 any firearm or ammunition then possessed; 

5 (4) give State and local law enforcement the au6 thority, consistent with the Constitution of the 

7 United States, to seize a firearm or ammunition 

8 when responding to domestic violence situations, if 

9 there is probable cause to believe— 

10 (A) such firearm or ammunition is contra11 band or illegally in the possession of the sus12 pected offender; and 

13 (B) such firearm or ammunition has been 

14 or is likely to be used to threaten, harass, men15 ace, or harm the victim or the victim’s child, or 

16 may otherwise pose a danger to the victim or 

17 the victim’s child; and 

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

19 or ammunition seized or surrendered as described in 

20 paragraph (2), (3), or (4)— 

21 (A) at such time as— 

22 (i) the restrictions and penalties of 

23 paragraph (1) no longer apply to such in24 dividual; 


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1 (ii) the protection order described in 

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

3 against such individual; or 

4 (iii) the firearm or ammunition de5 scribed in paragraph (4) is determined not 

6 to be contraband or illegally in the sus7 pected offender’s possession; and 

8 (B) in a manner that does not endanger 

9 the safety of persons who were the victim of 

10 any crime described in paragraph (1) or sus11 pected crime described in paragraph (4) or who 

12 were the persons protected by the protection 

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

14 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

15 are authorized to be appropriated such sums as are nec16 essary to carry out this section. 

Æ 


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