I 

111TH CONGRESS 

1ST SESSION H. R. 45 

To provide for the implementation of a system of licensing for purchasers 

of certain firearms and for a record of sale system for those firearms, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 6, 2009 

Mr. RUSH introduced the following bill; which was referred to the Committee 

on the Judiciary 

A BILL 

To provide for the implementation of a system of licensing 

for purchasers of certain firearms and for a record of 

sale system for those firearms, 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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as ‘‘Blair 

5 Holt’s Firearm Licensing and Record of Sale Act of 

6 2009’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings and purposes. 


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Sec. 3. Definitions. 

TITLE I—LICENSING 

Sec. 101. Licensing requirement. 

Sec. 102. Application requirements. 

Sec. 103. Issuance of license. 

Sec. 104. Renewal of license. 

Sec. 105. Revocation of license. 

TITLE II—RECORD OF SALE OR TRANSFER 

Sec. 201. Sale or transfer requirements for qualifying firearms. 

Sec. 202. Firearm records. 

TITLE III—ADDITIONAL PROHIBITIONS 

Sec. 301. Universal background check requirement. 

Sec. 302. Failure to maintain or permit inspection of records. 

Sec. 303. Failure to report loss or theft of firearm. 

Sec. 304. Failure to provide notice of change of address. 

Sec. 305. Child access prevention. 

TITLE IV—ENFORCEMENT 

Sec. 401. Criminal penalties. 

Sec. 402. Regulations. 

Sec. 403. Inspections. 

Sec. 404. Orders. 

Sec. 405. Injunctive enforcement. 

TITLE V—FIREARM INJURY INFORMATION AND RESEARCH 

Sec. 501. Duties of the Attorney General. 

TITLE VI—EFFECT ON STATE LAW 

Sec. 601. Effect on State law. 

Sec. 602. Certification of State firearm licensing systems and State firearm 

record of sale systems. 

TITLE VII—RELATIONSHIP TO OTHER LAW 

Sec. 701. Subordination to Arms Export Control Act. 

TITLE VIII—INAPPLICABILITY 

Sec. 801. Inapplicability to governmental authorities. 

TITLE IX—EFFECTIVE DATE 

Sec. 901. Effective date of amendments. 

1 SEC. 2. FINDINGS AND PURPOSES. 

2 (a) FINDINGS.—Congress finds that— 


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1 (1) the manufacture, distribution, and importa2 tion of firearms is inherently commercial in nature; 

3 (2) firearms regularly move in interstate com4 merce; 

5 (3) to the extent that firearms trafficking is 

6 intrastate in nature, it arises out of and is substan7 tially connected with a commercial transaction, 

8 which, when viewed in the aggregate, substantially 

9 affects interstate commerce; 

10 (4) because the intrastate and interstate traf11 ficking of firearms are so commingled, full regula12 tion of interstate commerce requires the incidental 

13 regulation of intrastate commerce; 

14 (5) gun violence in the United States is associ15 ated with the majority of homicides, over half the 

16 suicides, and two-thirds of non-fatal violent injuries; 

17 and 

18 (6) on the afternoon of May 10, 2007, Blair 

19 Holt, a junior at Julian High School in Chicago, was 

20 killed on a public bus riding home from school when 

21 he used his body to shield a girl who was in the line 

22 of fire after a young man boarded the bus and start23 ed shooting. 

24 (b) SENSE OF THE CONGRESS.—It is the sense of 

25 the Congress that— 


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1 (1) firearms trafficking is prevalent and wide2 spread in and among the States, and it is usually 

3 impossible to distinguish between intrastate traf4 ficking and interstate trafficking; and 

5 (2) it is in the national interest and within the 

6 role of the Federal Government to ensure that the 

7 regulation of firearms is uniform among the States, 

8 that law enforcement can quickly and effectively 

9 trace firearms used in crime, and that firearms own10 ers know how to use and safely store their firearms. 

11 (c) PURPOSES.—The purposes of this Act and the 

12 amendments made by this Act are— 

13 (1) to protect the public against the unreason14 able risk of injury and death associated with the un15 recorded sale or transfer of qualifying firearms to 

16 criminals and youth; 

17 (2) to ensure that owners of qualifying firearms 

18 are knowledgeable in the safe use, handling, and 

19 storage of those firearms; 

20 (3) to restrict the availability of qualifying fire21 arms to criminals, youth, and other persons prohib22 ited by Federal law from receiving firearms; and 

23 (4) to facilitate the tracing of qualifying fire24 arms used in crime by Federal and State law en25 forcement agencies. 


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1 SEC. 3. DEFINITIONS. 

2 (a) IN GENERAL.—In this Act: 

3 (1) FIREARM; LICENSED DEALER; LICENSED

4 MANUFACTURER; STATE.—The terms ‘‘firearm’’, ‘‘li5 censed dealer’’, ‘‘licensed manufacturer’’, and 

6 ‘‘State’’ have the meanings given those terms in sec7 tion 921(a) of title 18, United States Code. 

8 (2) QUALIFYING FIREARM.—The term ‘‘quali9 fying firearm’’ has the meaning given the term in 

10 section 921(a) of title 18, United States Code, as 

11 amended by subsection (b) of this section. 

12 (b) AMENDMENT TO TITLE 18, UNITED STATES

13 CODE.—Section 921(a) of title 18, United States Code, 

14 is amended by adding at the end the following: 

15 ‘‘(36) The term ‘qualifying firearm’— 

16 ‘‘(A) means— 

17 ‘‘(i) any handgun; or 

18 ‘‘(ii) any semiautomatic firearm that 

19 can accept any detachable ammunition 

20 feeding device; and 

21 ‘‘(B) does not include any antique.’’. 

22 TITLE I—LICENSING 

23 SEC. 101. LICENSING REQUIREMENT. 

24 Section 922 of title 18, United States Code, is 

25 amended by adding at the end the following: 

26 ‘‘(aa) FIREARM LICENSING REQUIREMENT.— 


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1 ‘‘(1) IN GENERAL.—It shall be unlawful for any 

2 person other than a licensed importer, licensed man3 ufacturer, licensed dealer, or licensed collector to 

4 possess a qualifying firearm on or after the applica5 ble date, unless that person has been issued a fire6 arm license— 

7 ‘‘(A) under title I of Blair Holt’s Firearm 

8 Licensing and Record of Sale Act of 2009, 

9 which license has not been invalidated or re10 voked under that title; or 

11 ‘‘(B) pursuant to a State firearm licensing 

12 and record of sale system certified under sec13 tion 602 of Blair Holt’s Firearm Licensing and 

14 Record of Sale Act of 2009, which license has 

15 not been invalidated or revoked under State 

16 law. 

17 ‘‘(2) APPLICABLE DATE.—In this subsection, 

18 the term ‘applicable date’ means— 

19 ‘‘(A) with respect to a qualifying firearm 

20 that is acquired by the person before the date 

21 of the enactment of Blair Holt’s Firearm Li22 censing and Record of Sale Act of 2009, 2 

23 years after such date of enactment; and 

24 ‘‘(B) with respect to a qualifying firearm 

25 that is acquired by the person on or after the 


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1 date of the enactment of Blair Holt’s Firearm 

2 Licensing and Record of Sale Act of 2009, 1 

3 year after such date of enactment.’’. 

4 SEC. 102. APPLICATION REQUIREMENTS. 

5 (a) IN GENERAL.—In order to be issued a firearm 

6 license under this title, an individual shall submit to the 

7 Attorney General (in accordance with the regulations pro8 mulgated under subsection (b)) an application, which shall 

9 include— 

10 (1) a current, passport-sized photograph of the 

11 applicant that provides a clear, accurate likeness of 

12 the applicant; 

13 (2) the name, address, and date and place of 

14 birth of the applicant; 

15 (3) any other name that the applicant has ever 

16 used or by which the applicant has ever been known; 

17 (4) a clear thumb print of the applicant, which 

18 shall be made when, and in the presence of the enti19 ty to whom, the application is submitted; 

20 (5) with respect to each category of person pro21 hibited by Federal law, or by the law of the State 

22 of residence of the applicant, from obtaining a fire23 arm, a statement that the individual is not a person 

24 prohibited from obtaining a firearm; 


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1 (6) a certification by the applicant that the ap2 plicant will keep any firearm owned by the applicant 

3 safely stored and out of the possession of persons 

4 who have not attained 18 years of age; 

5 (7) a certificate attesting to the completion at 

6 the time of application of a written firearms exam7 ination, which shall test the knowledge and ability of 

8 the applicant regarding— 

9 (A) the safe storage of firearms, particu10 larly in the vicinity of persons who have not at11 tained 18 years of age; 

12 (B) the safe handling of firearms; 

13 (C) the use of firearms in the home and 

14 the risks associated with such use; 

15 (D) the legal responsibilities of firearms 

16 owners, including Federal, State, and local laws 

17 relating to requirements for the possession and 

18 storage of firearms, and relating to reporting 

19 requirements with respect to firearms; and 

20 (E) any other subjects, as the Attorney 

21 General determines to be appropriate; 

22 (8) an authorization by the applicant to release 

23 to the Attorney General or an authorized representa24 tive of the Attorney General any mental health 

25 records pertaining to the applicant; 


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1 (9) the date on which the application was sub2 mitted; and 

3 (10) the signature of the applicant. 

4 (b) REGULATIONS GOVERNING SUBMISSION.—The 

5 Attorney General shall promulgate regulations specifying 

6 procedures for the submission of applications to the Attor7 ney General under this section, which regulations shall— 

8 (1) provide for submission of the application 

9 through a licensed dealer or an office or agency of 

10 the Federal Government designated by the Attorney 

11 General; 

12 (2) require the applicant to provide a valid 

13 identification document (as defined in section 

14 1028(d)(2) of title 18, United States Code) of the 

15 applicant, containing a photograph of the applicant, 

16 to the licensed dealer or to the office or agency of 

17 the Federal Government, as applicable, at the time 

18 of submission of the application to that dealer, of19 fice, or agency; and 

20 (3) require that a completed application be for21 warded to the Attorney General not later than 48 

22 hours after the application is submitted to the li23 censed dealer or office or agency of the Federal Gov24 ernment, as applicable. 

25 (c) FEES.— 


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1 (1) IN GENERAL.—The Attorney General shall 

2 charge and collect from each applicant for a license 

3 under this title a fee in an amount determined in ac4 cordance with paragraph (2). 

5 (2) FEE AMOUNT.—The amount of the fee col6 lected under this subsection shall be not less than 

7 the amount determined by the Attorney General to 

8 be necessary to ensure that the total amount of all 

9 fees collected under this subsection during a fiscal 

10 year is sufficient to cover the costs of carrying out 

11 this title during that fiscal year, except that such 

12 amount shall not exceed $25. 

13 SEC. 103. ISSUANCE OF LICENSE. 

14 (a) IN GENERAL.—The Attorney General shall issue 

15 a firearm license to an applicant who has submitted an 

16 application that meets the requirements of section 102 of 

17 this Act, if the Attorney General ascertains that the indi18 vidual is not prohibited by subsection (g) or (n) of section 

19 922 of title 18, United States Code, from receiving a fire20 arm. 

21 (b) EFFECT OF ISSUANCE TO PROHIBITED PER22 SON.—A firearm license issued under this section shall be 

23 null and void if issued to a person who is prohibited by 

24 subsection (g) or (n) of section 922 of title 18, United 

25 States Code, from receiving a firearm. 


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1 (c) FORM OF LICENSE.—A firearm license issued 

2 under this section shall be in the form of a tamper-resist3 ant card, and shall include— 

4 (1) the photograph of the licensed individual 

5 submitted with the application; 

6 (2) the address of the licensed individual; 

7 (3) the date of birth of the licensed individual; 

8 (4) a license number, unique to each licensed 

9 individual; 

10 (5) the expiration date of the license, which 

11 shall be the date that is 5 years after the initial an12 niversary of the date of birth of the licensed indi13 vidual following the date on which the license is 

14 issued (or in the case of a license renewal, following 

15 the date on which the license is renewed under sec16 tion 104); 

17 (6) the signature of the licensed individual pro18 vided on the application, or a facsimile of the appli19 cation; and 

20 (7) centered at the top of the license, capital21 ized, and in boldface type, the following: 

22 ‘‘FIREARM LICENSE—NOT VALID FOR ANY 

23 OTHER PURPOSE’’. 

24 SEC. 104. RENEWAL OF LICENSE. 

25 (a) APPLICATION FOR RENEWAL.— 


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1 (1) IN GENERAL.—In order to renew a firearm 

2 license issued under this title, not later than 30 days 

3 before the expiration date of the license, the licensed 

4 individual shall submit to the Attorney General (in 

5 accordance with the regulations promulgated under 

6 paragraph (3)), in a form approved by the Attorney 

7 General, an application for renewal of the license. 

8 (2) CONTENTS.—An application submitted 

9 under paragraph (1) shall include— 

10 (A) a current, passport-sized photograph of 

11 the applicant that provides a clear, accurate 

12 likeness of the applicant; 

13 (B) current proof of identity of the li14 censed individual; and 

15 (C) the address of the licensed individual. 

16 (3) REGULATIONS GOVERNING SUBMISSION.— 

17 The Attorney General shall promulgate regulations 

18 specifying procedures for the submission of applica19 tions under this subsection. 

20 (b) ISSUANCE OF RENEWED LICENSE.—Upon ap21 proval of an application submitted under subsection (a) 

22 of this section, the Attorney General shall issue a renewed 

23 license, which shall meet the requirements of section 

24 103(c), except that the license shall include the current 

25 photograph and address of the licensed individual, as proVerDate Nov 24 2008 04:57 Jan 08, 2009 Jkt 079200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H45.IH H45

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1 vided in the application submitted under this section, and 

2 the expiration date of the renewed license, as provided in 

3 section 103(c)(5). 

4 SEC. 105. REVOCATION OF LICENSE. 

5 (a) IN GENERAL.—If an individual to whom a license 

6 has been issued under this title subsequently becomes a 

7 person who is prohibited by subsection (g) or (n) of section 

8 922 of title 18, United States Code, from receiving a fire9 arm— 

10 (1) the license is revoked; and 

11 (2) the individual shall promptly return the li12 cense to the Attorney General. 

13 (b) ADMINISTRATIVE ACTION.—Upon receipt by the 

14 Attorney General of notice that an individual to whom a 

15 license has been issued under this title has become a per16 son described in subsection (a), the Attorney General shall 

17 ensure that the individual promptly returns the license to 

18 the Attorney General. 

19 TITLE II—RECORD OF SALE OR 

20 TRANSFER 

21 SEC. 201. SALE OR TRANSFER REQUIREMENTS FOR QUALI22 FYING FIREARMS. 

23 Section 922 of title 18, United States Code, as 

24 amended by section 101 of this Act, is amended by adding 

25 at the end the following: 


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1 ‘‘(bb) UNAUTHORIZED SALE OR TRANSFER OF A

2 QUALIFYING FIREARM.—It shall be unlawful for any per3 son to sell, deliver, or otherwise transfer a qualifying fire4 arm to, or for, any person who is not a licensed importer, 

5 licensed manufacturer, licensed dealer, or licensed col6 lector, or to receive a qualifying firearm from a person 

7 who is not a licensed importer, licensed manufacturer, li8 censed dealer, or licensed collector, unless, at the time and 

9 place of the transfer or receipt— 

10 ‘‘(1) the transferee presents to a licensed dealer 

11 a valid firearm license issued to the transferee— 

12 ‘‘(A) under title I of Blair Holt’s Firearm 

13 Licensing and Record of Sale Act of 2009; or 

14 ‘‘(B) pursuant to a State firearm licensing 

15 and record of sale system certified under sec16 tion 602 of Blair Holt’s Firearm Licensing and 

17 Record of Sale Act of 2009 established by the 

18 State in which the transfer or receipt occurs; 

19 ‘‘(2) the licensed dealer contacts the Attorney 

20 General or the head of the State agency that admin21 isters the certified system described in paragraph 

22 (1)(B), as applicable, and receives notice that the 

23 transferee has been issued a firearm license de24 scribed in paragraph (1) and that the license re25 mains valid; and 


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1 ‘‘(3) the licensed dealer records on a document 

2 (which, in the case of a sale, shall be the sales re3 ceipt) a tracking authorization number provided by 

4 the Attorney General or the head of the State agen5 cy, as applicable, as evidence that the licensed dealer 

6 has verified the validity of the license.’’. 

7 SEC. 202. FIREARM RECORDS. 

8 (a) SUBMISSION OF SALE OR TRANSFER REPORTS.— 

9 Not later than 14 days after the date on which the trans10 fer of qualifying firearm is processed by a licensed dealer 

11 under section 922(bb) of title 18, United States Code (as 

12 added by section 201 of this Act), the licensed dealer shall 

13 submit to the Attorney General (or, in the case of a li14 censed dealer located in a State that has a State firearm 

15 licensing and record of sale system certified under section 

16 602 of this Act, to the head of the State agency that ad17 ministers that system) a report of that transfer, which 

18 shall include information relating to— 

19 (1) the manufacturer of the firearm; 

20 (2) the model name or number of the firearm; 

21 (3) the serial number of the firearm; 

22 (4) the date on which the firearm was received 

23 by the transferee; 

24 (5) the number of a valid firearm license issued 

25 to the transferee under title I of this Act; and 


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1 (6) the name and address of the individual who 

2 transferred the firearm to the transferee. 

3 (b) FEDERAL RECORD OF SALE SYSTEM.—Not later 

4 than 9 months after the date of the enactment of this Act, 

5 the Attorney General shall establish and maintain a Fed6 eral record of sale system, which shall include the informa7 tion included in each report submitted to the Attorney 

8 General under subsection (a). 

9 (c) ELIMINATION OF PROHIBITION ON ESTABLISH10 MENT OF SYSTEM OF REGISTRATION.—Section 926(a) of 

11 title 18, United States Code, is amended by striking the 

12 second sentence. 

13 TITLE III—ADDITIONAL 

14 PROHIBITIONS 

15 SEC. 301. UNIVERSAL BACKGROUND CHECK REQUIRE16 MENT. 

17 Section 922 of title 18, United States Code, as 

18 amended by sections 101 and 201 of this Act, is amended 

19 by adding at the end the following: 

20 ‘‘(cc) UNIVERSAL BACKGROUND CHECK REQUIRE21 MENT.— 

22 ‘‘(1) REQUIREMENT.—Except as provided in 

23 paragraph (2), it shall be unlawful for any person 

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1 liver, or otherwise transfer a firearm to any person 

2 other than such a licensee, unless the transfer is 

3 processed through a licensed dealer in accordance 

4 with subsection (t). 

5 ‘‘(2) EXCEPTION.—Paragraph (1) shall not 

6 apply to the infrequent transfer of a firearm by gift, 

7 bequest, intestate succession or other means by an 

8 individual to a parent, child, grandparent, or grand9 child of the individual, or to any loan of a firearm 

10 for any lawful purpose for not more than 30 days 

11 between persons who are personally known to each 

12 other.’’. 

13 SEC. 302. FAILURE TO MAINTAIN OR PERMIT INSPECTION 

14 OF RECORDS. 

15 Section 922 of title 18, United States Code, as 

16 amended by sections 101, 201, and 301 of this Act, is 

17 amended by adding at the end the following: 

18 ‘‘(dd) FAILURE TO MAINTAIN OR PERMIT INSPEC19 TION OF RECORDS.—It shall be unlawful for a licensed 

20 manufacturer or a licensed dealer to fail to comply with 

21 section 202 of Blair Holt’s Handgun Licensing and 

22 Record of Sale Act of 2009, or to maintain such records 

23 or supply such information as the Attorney General may 

24 require in order to ascertain compliance with such Act and 

25 the regulations and orders issued under such Act.’’. 


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1 SEC. 303. FAILURE TO REPORT LOSS OR THEFT OF FIRE2 ARM. 

3 Section 922 of title 18, United States Code, as 

4 amended by sections 101, 201, 301, and 302 of this Act, 

5 is amended by adding at the end the following: 

6 ‘‘(ee) FAILURE TO REPORT LOSS OR THEFT OF

7 FIREARM.—It shall be unlawful for any person who owns 

8 a qualifying firearm to fail to report the loss or theft of 

9 the firearm to the Attorney General within 72 hours after 

10 the loss or theft is discovered.’’. 

11 SEC. 304. FAILURE TO PROVIDE NOTICE OF CHANGE OF AD12 DRESS. 

13 Section 922 of title 18, United States Code, as 

14 amended by sections 101, 201, 301, 302, and 303 of this 

15 Act, is amended by adding at the end the following: 

16 ‘‘(ff) FAILURE TO PROVIDE NOTICE OF CHANGE OF

17 ADDRESS.—It shall be unlawful for any individual to 

18 whom a firearm license has been issued under title I of 

19 Blair Holt’s Firearm Licensing and Record of Sale Act 

20 of 2009 to fail to report to the Attorney General a change 

21 in the address of that individual within 60 days of that 

22 change of address.’’. 

23 SEC. 305. CHILD ACCESS PREVENTION. 

24 Section 922 of title 18, United States Code, as 

25 amended by sections 101, 201, 301, 302, 303, and 304 

26 of this Act, is amended by adding at the end the following: 


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1 ‘‘(gg) CHILD ACCESS PREVENTION.— 

2 ‘‘(1) DEFINITION OF CHILD.—In this sub3 section, the term ‘child’ means an individual who has 

4 not attained the age of 18 years. 

5 ‘‘(2) PROHIBITION AND PENALTIES.—Except as 

6 provided in paragraph (3), it shall be unlawful for 

7 any person to keep a loaded firearm, or an unloaded 

8 firearm and ammunition for the firearm, any 1 of 

9 which has been shipped or transported in interstate 

10 or foreign commerce, within any premises that is 

11 under the custody or control of that person, if— 

12 ‘‘(A) that person— 

13 ‘‘(i) knows, or recklessly disregards 

14 the risk, that a child is capable of gaining 

15 access to the firearm; and 

16 ‘‘(ii) either— 

17 ‘‘(I) knows, or recklessly dis18 regards the risk, that a child will use 

19 the firearm to cause the death of, or 

20 serious bodily injury (as defined in 

21 section 1365 of this title) to, the child 

22 or any other person; or 

23 ‘‘(II) knows, or reasonably should 

24 know, that possession of the firearm 


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1 by a child is unlawful under Federal 

2 or State law; and 

3 ‘‘(B) a child uses the firearm and the use 

4 of that firearm causes the death of, or serious 

5 bodily injury to, the child or any other person. 

6 ‘‘(3) EXCEPTIONS.—Paragraph (2) shall not 

7 apply if— 

8 ‘‘(A) at the time the child obtained access, 

9 the firearm was secured with a secure gun stor10 age or safety device; 

11 ‘‘(B) the person is a peace officer, a mem12 ber of the Armed Forces, or a member of the 

13 National Guard, and the child obtains the fire14 arm during, or incidental to, the performance of 

15 the official duties of the person in that capacity; 

16 ‘‘(C) the child uses the firearm in a lawful 

17 act of self-defense or defense of 1 or more other 

18 persons; or 

19 ‘‘(D) the person has no reasonable expecta20 tion, based on objective facts and cir21 cumstances, that a child is likely to be present 

22 on the premises on which the firearm is kept.’’. 


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1 TITLE IV—ENFORCEMENT 

2 SEC. 401. CRIMINAL PENALTIES. 

3 (a) FAILURE TO POSSESS FIREARM LICENSE; FAIL4 URE TO COMPLY WITH QUALIFYING FIREARM SALE OR

5 TRANSFER REQUIREMENTS; FAILURE TO MAINTAIN OR

6 PERMIT INSPECTION OF RECORDS.—Section 924(a) of 

7 title 18, United States Code, is amended by adding at the 

8 end the following: 

9 ‘‘(8) Whoever knowingly violates subsection (aa), 

10 (bb), or (dd) of section 922 shall be fined under this title, 

11 imprisoned not more than 2 years, or both.’’. 

12 (b) FAILURE TO COMPLY WITH UNIVERSAL BACK13 GROUND CHECKS; FAILURE TO TIMELY REPORT LOSS OR

14 THEFT OF A QUALIFYING FIREARM; FAILURE TO PRO15 VIDE NOTICE OF CHANGE OF ADDRESS.—Section 

16 924(a)(5) of such title is amended by striking ‘‘(s) or (t)’’ 

17 and inserting ‘‘(t), (cc), (ee), or (ff)’’. 

18 (c) CHILD ACCESS PREVENTION.—Section 924(a) of 

19 such title, as amended by subsection (a) of this section, 

20 is amended by adding at the end the following: 

21 ‘‘(9) Whoever violates section 105(a)(2) of Blair 

22 Holt’s Handgun Licensing and Record of Sale Act of 

23 2009, knowingly or having reason to believe that the per24 son is prohibited by subsection (g) or (n) of section 922 

25 of title 18, United States Code, from receiving a firearm, 


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1 shall be fined under this title, imprisoned not more than 

2 10 years, or both. 

3 ‘‘(10) Whoever violates section 922(gg) shall be fined 

4 under this title, imprisoned not more than 5 years, or 

5 both.’’. 

6 SEC. 402. REGULATIONS. 

7 (a) IN GENERAL.—The Attorney General shall issue 

8 regulations governing the licensing of possessors of quali9 fying firearms and the recorded sale of qualifying fire10 arms, consistent with this Act and the amendments made 

11 by this Act, as the Attorney General determines to be rea12 sonably necessary to reduce or prevent deaths or injuries 

13 resulting from qualifying firearms, and to assist law en14 forcement in the apprehension of owners or users of quali15 fying firearms used in criminal activity. 

16 (b) MAXIMUM INTERVAL BETWEEN ISSUANCE OF

17 PROPOSED AND FINAL REGULATION.—Not later than 120 

18 days after the date on which the Attorney General issues 

19 a proposed regulation under subsection (a) with respect 

20 to a matter, the Attorney General shall issue a final regu21 lation with respect to the matter. 

22 SEC. 403. INSPECTIONS. 

23 In order to ascertain compliance with this Act, the 

24 amendments made by this Act, and the regulations and 

25 orders issued under this Act, the Attorney General may, 


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1 during regular business hours, enter any place in which 

2 firearms or firearm products are manufactured, stored, or 

3 held, for distribution in commerce, and inspect those areas 

4 where the products are so manufactured, stored, or held. 

5 SEC. 404. ORDERS. 

6 The Attorney General may issue an order prohibiting 

7 the sale or transfer of any firearm that the Attorney Gen8 eral finds has been transferred or distributed in violation 

9 of this Act, an amendment made by this Act, or a regula10 tion issued under this Act. 

11 SEC. 405. INJUNCTIVE ENFORCEMENT. 

12 The Attorney General may bring an action to restrain 

13 any violation of this Act or an amendment made by this 

14 Act in the district court of the United States for any dis15 trict in which the violation has occurred, or in which the 

16 defendant is found or transacts business. 

17 TITLE V—FIREARM INJURY 

18 INFORMATION AND RESEARCH 

19 SEC. 501. DUTIES OF THE ATTORNEY GENERAL. 

20 (a) IN GENERAL.—The Attorney General shall— 

21 (1) establish and maintain a firearm injury in22 formation clearinghouse to collect, investigate, ana23 lyze, and disseminate data and information relating 

24 to the causes and prevention of death and injury as25 sociated with firearms; 


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1 (2) conduct continuing studies and investiga2 tions of firearm-related deaths and injuries; and 

3 (3) collect and maintain current production and 

4 sales figures for each licensed manufacturer. 

5 (b) AVAILABILITY OF INFORMATION.—Periodically, 

6 but not less frequently than annually, the Attorney Gen7 eral shall report to the Congress and make available to 

8 the public a report on the activities of the Attorney Gen9 eral under subsection (a). 

10 TITLE VI—EFFECT ON STATE 

11 LAW 

12 SEC. 601. EFFECT ON STATE LAW. 

13 (a) IN GENERAL.—This Act and the amendments 

14 made by this Act may not be construed to preempt any 

15 provision of the law of any State or political subdivision 

16 of that State, or prevent a State or political subdivision 

17 of that State from enacting any provision of law regulating 

18 or prohibiting conduct with respect to firearms, except to 

19 the extent that the provision of law is inconsistent with 

20 any provision of this Act or an amendment made by this 

21 Act, and then only to the extent of the inconsistency. 

22 (b) RULE OF INTERPRETATION.—A provision of 

23 State law is not inconsistent with this Act or an amend24 ment made by this Act if the provision imposes a regula25 tion or prohibition of greater scope or a penalty of greater 


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1 severity than a corresponding prohibition or penalty im2 posed by this Act or an amendment made by this Act. 

3 SEC. 602. CERTIFICATION OF STATE FIREARM LICENSING 

4 SYSTEMS AND STATE FIREARM RECORD OF 

5 SALE SYSTEMS. 

6 Upon a written request of the chief executive officer 

7 of a State, the Attorney General may certify— 

8 (1) a firearm licensing system established by a 

9 State, if State law requires the system to satisfy the 

10 requirements applicable to the Federal firearm li11 censing system established under title I; or 

12 (2) a firearm record of sale system established 

13 by a State, if State law requires the head of the 

14 State agency that administers the system to submit 

15 to the Federal firearm record of sale system estab16 lished under section 202(b) a copy of each report 

17 submitted to the head of the agency under section 

18 202(a), within 7 days after receipt of the report. 

19 TITLE VII—RELATIONSHIP TO 

20 OTHER LAW 

21 SEC. 701. SUBORDINATION TO ARMS EXPORT CONTROL 

22 ACT. 

23 In the event of any conflict between any provision of 

24 this Act or an amendment made by this Act, and any pro25 vision of the Arms Export Control Act (22 U.S.C. 2751), 


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1 the provision of the Arms Export Control Act shall con2 trol. 

3 TITLE VIII—INAPPLICABILITY 

4 SEC. 801. INAPPLICABILITY TO GOVERNMENTAL AUTHORI5 TIES. 

6 This Act and the amendments made by this Act shall 

7 not apply to any department or agency of the United 

8 States, of a State, or of a political subdivision of a State, 

9 or to any official conduct of any officer or employee of 

10 such a department or agency. 

11 TITLE IX—EFFECTIVE DATE 

12 SEC. 901. EFFECTIVE DATE OF AMENDMENTS. 

13 The amendments made by this Act shall take effect 

14 1 year after the date of the enactment of this Act. 

Æ 


wwoods2 on PRODPC68 with BILLS