I 

116TH CONGRESS 

1ST SESSION H. R. 3435 

To encourage States to allow local governments to implement laws to reduce 

gun violence, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 24, 2019 

Mr. CLAY (for himself, Ms. KELLY of Illinois, Mrs. DEMINGS, Mr. RUSH, Mr. 

CARSON of Indiana, Ms. SCHAKOWSKY, and Ms. NORTON) introduced the 

following bill; which was referred to the Committee on the Judiciary 

A BILL 

To encourage States to allow local governments to implement 

laws to reduce gun violence, 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 ‘‘Local Public Health 

5 And Safety Protection Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) When it comes to gun violence, local laws 

9 serve the important purpose of addressing the 


kjohnson on DSK79L0C42 with BILLS
2 

•HR 3435 IH

1 unique issues and dangers facing each different com2 munity. 

3 (2) Most State constitutions generally allocate 

4 authority to local governments to regulate in the in5 terests of the public health, safety, and welfare. 

6 States that have removed authority from local gov7 ernments to regulate guns and ammunition have cre8 ated a dangerous exception to the traditional rule of 

9 local authority. 

10 (3) Broad State preemption statutes ignore im11 portant local variations that may necessitate distinct 

12 approaches to the problem of gun violence. State 

13 preemption statutes threaten public safety because 

14 they prevent local governments from implementing 

15 customized solutions to gun violence in their commu16 nities. 

17 (4) By mandating a one-size-fits-all approach to 

18 firearms regulation, preemption statutes deprive the 

19 public of a critical problem-solving resource—local 

20 innovation. Local governments are often the source 

21 of cutting-edge laws to reduce gun violence, which 

22 are proven successful and later adopted at the state23 wide level. 

24 (5) State preemption statutes impede local gov25 ernment’s ability to fill regulatory gaps created by 


kjohnson on DSK79L0C42 with BILLS
3 

•HR 3435 IH

1 inaction at the State and Federal level. Restrictions 

2 on State and Federal resources also make an extra 

3 level of local involvement necessary to properly en4 force many gun laws. For example, local law en5 forcement may provide much needed oversight of 

6 gun businesses, which the Bureau of Alcohol, To7 bacco, Firearms & Explosives is too underfunded to 

8 provide. 

9 (6) States should not prohibit or restrict a local 

10 government from imposing or implementing laws 

11 that are more restrictive than the laws of the rel12 evant State with respect to— 

13 (A) any background check requirement in 

14 relation to any firearm transaction; 

15 (B) the ability to carry a firearm in public 

16 places or in locations owned or controlled by a 

17 unit of local government; 

18 (C) any requirement relating to the sale of 

19 ammunition, such as a limitation on the 

20 amount an individual is allowed to purchase at 

21 one time; 

22 (D) any additional requirements relating to 

23 licensing or permitting the purchase of a fire24 arm; 


kjohnson on DSK79L0C42 with BILLS
4 

•HR 3435 IH

1 (E) any requirement that firearm owners 

2 safely store their firearms, or prevent children 

3 or any other unauthorized person from access4 ing their firearms; 

5 (F) taxes on the sale of firearms and am6 munition, unless the State prohibits or restricts 

7 local governments from imposing such taxes on 

8 most other consumer products; 

9 (G) the sale, transfer, or possession of spe10 cific types of unusually dangerous firearms and 

11 accessories, such as assault weapons, bump 

12 stocks, and high capacity magazines; 

13 (H) the discharge of firearms in public 

14 parks and other public places; 

15 (I) zoning restrictions on gun dealers; and 

16 (J) purchasing or obtaining a firearm on 

17 behalf of a third party. 

18 SEC. 3. GRANTS TO REDUCE GUN VIOLENCE THROUGH 

19 LOCAL REGULATION. 

20 (a) IN GENERAL.—The Attorney General may make 

21 grants to States that meet the eligibility requirements of 

22 subsection (b) for the purposes described in subsection 

23 (c)(4). 

24 (b) ELIGIBILITY.— 


kjohnson on DSK79L0C42 with BILLS
5 

•HR 3435 IH

1 (1) IN GENERAL.—To be eligible for a grant 

2 under this section, a State may not through statute 

3 or regulation prohibit or restrict a local government 

4 from imposing laws that are more restrictive than 

5 the laws of the relevant State with respect to— 

6 (A) any background check requirement in 

7 relation to any firearm transaction; 

8 (B) the ability to carry a firearm in public 

9 places or in locations owned or controlled by a 

10 unit of local government; 

11 (C) any requirement relating to the sale of 

12 ammunition, such as a limitation on the 

13 amount an individual is allowed to purchase at 

14 one time; 

15 (D) any additional requirements relating to 

16 licensing or permitting the purchase of a fire17 arm; 

18 (E) any requirement that firearm owners 

19 safely store their firearms, or prevent children 

20 or any other unauthorized person from access21 ing their firearms; 

22 (F) taxes on the sale of firearms and am23 munition, unless the State prohibits or restricts 

24 local governments from imposing such taxes on 

25 most other consumer products; 


kjohnson on DSK79L0C42 with BILLS
6 

•HR 3435 IH

1 (G) the sale, transfer, or possession of spe2 cific types of unusually dangerous firearms and 

3 accessories, such as assault weapons, bump 

4 stocks, and high capacity magazines; 

5 (H) the discharge of firearms in public 

6 parks and other public places; 

7 (I) zoning restrictions on gun dealers; and 

8 (J) purchasing or obtaining a firearm on 

9 behalf of a third party. 

10 (2) APPLICATION.—To receive a grant under 

11 this section, a State shall submit to the Attorney 

12 General an application at such time, in such man13 ner, and containing such information as the Attor14 ney General may reasonably require. 

15 (c) SUBGRANTS.— 

16 (1) IN GENERAL.—A State that receives a 

17 grant under this section shall use the grant to make 

18 subgrants to any local government that has enacted 

19 a law that is more restrictive than the laws of the 

20 State with respect to at least 1 of the following: 

21 (A) Any background check requirement in 

22 relation to any firearm transaction. 

23 (B) The ability to carry a firearm in public 

24 places or in locations owned or controlled by a 

25 unit of local government. 


kjohnson on DSK79L0C42 with BILLS
7 

•HR 3435 IH

1 (C) Any requirement relating to the sale of 

2 ammunition, such as a limitation on the 

3 amount an individual is allowed to purchase at 

4 one time. 

5 (D) Any additional requirements relating 

6 to licensing or permitting the purchase of a 

7 firearm. 

8 (E) Any requirement that firearm owners 

9 safely store their firearms, or prevent children 

10 or any other unauthorized person from access11 ing their firearms. 

12 (F) Taxes on the sale of firearms and am13 munition, unless the State prohibits or restricts 

14 local governments from imposing such taxes on 

15 most other consumer products. 

16 (G) The sale, transfer, or possession of 

17 specific types of unusually dangerous firearms 

18 and accessories, such as assault weapons, bump 

19 stocks, and high capacity magazines. 

20 (H) The discharge of firearms in public 

21 parks and other public places. 

22 (I) Zoning restrictions on gun dealers. 

23 (J) Purchasing or obtaining a firearm on 

24 behalf of a third party. 


kjohnson on DSK79L0C42 with BILLS
8 

•HR 3435 IH

1 (2) ELIGIBILITY.—To be eligible for a subgrant 

2 under this subsection, a local government shall sub3 mit to the State an application for the subgrant, at 

4 such time, in such manner, and containing such in5 formation as the State may reasonably require. 

6 (3) PREFERENCE IN AWARDS.—A State shall 

7 give preference in the awarding of the subgrants to 

8 local governments that have disproportionate levels 

9 of gun violence or gun homicide. 

10 (4) USE OF FUNDS.—A subgrantee under this 

11 section shall use the subgrant to implement and en12 force any requirement referred to in paragraph (1), 

13 including through the development of protocols, poli14 cies, procedures, or training for law enforcement, 

15 and the development or use of technology by law en16 forcement, in connection with the implementation or 

17 enforcement of any such requirement. 

18 (d) ADMINISTRATION.—A State that receives a grant 

19 under this section may use not more than 5 percent of 

20 the grant for the administration of subgrants under sub21 section (c) . 

Æ 


kjohnson on DSK79L0C42 with BILLS