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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3435 Introduced in House (IH)]

<DOC>

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.

    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 ``Local Public Health And Safety 
Protection Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) When it comes to gun violence, local laws serve the 
        important purpose of addressing the unique issues and dangers 
        facing each different community.
            (2) Most State constitutions generally allocate authority 
        to local governments to regulate in the interests of the public 
        health, safety, and welfare. States that have removed authority 
        from local governments to regulate guns and ammunition have 
        created a dangerous exception to the traditional rule of local 
        authority.
            (3) Broad State preemption statutes ignore important local 
        variations that may necessitate distinct approaches to the 
        problem of gun violence. State preemption statutes threaten 
        public safety because they prevent local governments from 
        implementing customized solutions to gun violence in their 
        communities.
            (4) By mandating a one-size-fits-all approach to firearms 
        regulation, preemption statutes deprive the public of a 
        critical problem-solving resource--local innovation. Local 
        governments are often the source of cutting-edge laws to reduce 
        gun violence, which are proven successful and later adopted at 
        the statewide level.
            (5) State preemption statutes impede local government's 
        ability to fill regulatory gaps created by inaction at the 
        State and Federal level. Restrictions on State and Federal 
        resources also make an extra level of local involvement 
        necessary to properly enforce many gun laws. For example, local 
        law enforcement may provide much needed oversight of gun 
        businesses, which the Bureau of Alcohol, Tobacco, Firearms & 
        Explosives is too underfunded to provide.
            (6) States should not prohibit or restrict a local 
        government from imposing or implementing laws that are more 
        restrictive than the laws of the relevant State with respect 
        to--
                    (A) any background check requirement in relation to 
                any firearm transaction;
                    (B) the ability to carry a firearm in public places 
                or in locations owned or controlled by a unit of local 
                government;
                    (C) any requirement relating to the sale of 
                ammunition, such as a limitation on the amount an 
                individual is allowed to purchase at one time;
                    (D) any additional requirements relating to 
                licensing or permitting the purchase of a firearm;
                    (E) any requirement that firearm owners safely 
                store their firearms, or prevent children or any other 
                unauthorized person from accessing their firearms;
                    (F) taxes on the sale of firearms and ammunition, 
                unless the State prohibits or restricts local 
                governments from imposing such taxes on most other 
                consumer products;
                    (G) the sale, transfer, or possession of specific 
                types of unusually dangerous firearms and accessories, 
                such as assault weapons, bump stocks, and high capacity 
                magazines;
                    (H) the discharge of firearms in public parks and 
                other public places;
                    (I) zoning restrictions on gun dealers; and
                    (J) purchasing or obtaining a firearm on behalf of 
                a third party.

SEC. 3. GRANTS TO REDUCE GUN VIOLENCE THROUGH LOCAL REGULATION.

    (a) In General.--The Attorney General may make grants to States 
that meet the eligibility requirements of subsection (b) for the 
purposes described in subsection (c)(4).
    (b) Eligibility.--
            (1) In general.--To be eligible for a grant under this 
        section, a State may not through statute or regulation prohibit 
        or restrict a local government from imposing laws that are more 
        restrictive than the laws of the relevant State with respect 
        to--
                    (A) any background check requirement in relation to 
                any firearm transaction;
                    (B) the ability to carry a firearm in public places 
                or in locations owned or controlled by a unit of local 
                government;
                    (C) any requirement relating to the sale of 
                ammunition, such as a limitation on the amount an 
                individual is allowed to purchase at one time;
                    (D) any additional requirements relating to 
                licensing or permitting the purchase of a firearm;
                    (E) any requirement that firearm owners safely 
                store their firearms, or prevent children or any other 
                unauthorized person from accessing their firearms;
                    (F) taxes on the sale of firearms and ammunition, 
                unless the State prohibits or restricts local 
                governments from imposing such taxes on most other 
                consumer products;
                    (G) the sale, transfer, or possession of specific 
                types of unusually dangerous firearms and accessories, 
                such as assault weapons, bump stocks, and high capacity 
                magazines;
                    (H) the discharge of firearms in public parks and 
                other public places;
                    (I) zoning restrictions on gun dealers; and
                    (J) purchasing or obtaining a firearm on behalf of 
                a third party.
            (2) Application.--To receive a grant under this section, a 
        State shall submit to the Attorney General an application at 
        such time, in such manner, and containing such information as 
        the Attorney General may reasonably require.
    (c) Subgrants.--
            (1) In general.--A State that receives a grant under this 
        section shall use the grant to make subgrants to any local 
        government that has enacted a law that is more restrictive than 
        the laws of the State with respect to at least 1 of the 
        following:
                    (A) Any background check requirement in relation to 
                any firearm transaction.
                    (B) The ability to carry a firearm in public places 
                or in locations owned or controlled by a unit of local 
                government.
                    (C) Any requirement relating to the sale of 
                ammunition, such as a limitation on the amount an 
                individual is allowed to purchase at one time.
                    (D) Any additional requirements relating to 
                licensing or permitting the purchase of a firearm.
                    (E) Any requirement that firearm owners safely 
                store their firearms, or prevent children or any other 
                unauthorized person from accessing their firearms.
                    (F) Taxes on the sale of firearms and ammunition, 
                unless the State prohibits or restricts local 
                governments from imposing such taxes on most other 
                consumer products.
                    (G) The sale, transfer, or possession of specific 
                types of unusually dangerous firearms and accessories, 
                such as assault weapons, bump stocks, and high capacity 
                magazines.
                    (H) The discharge of firearms in public parks and 
                other public places.
                    (I) Zoning restrictions on gun dealers.
                    (J) Purchasing or obtaining a firearm on behalf of 
                a third party.
            (2) Eligibility.--To be eligible for a subgrant under this 
        subsection, a local government shall submit to the State an 
        application for the subgrant, at such time, in such manner, and 
        containing such information as the State may reasonably 
        require.
            (3) Preference in awards.--A State shall give preference in 
        the awarding of the subgrants to local governments that have 
        disproportionate levels of gun violence or gun homicide.
            (4) Use of funds.--A subgrantee under this section shall 
        use the subgrant to implement and enforce any requirement 
        referred to in paragraph (1), including through the development 
        of protocols, policies, procedures, or training for law 
        enforcement, and the development or use of technology by law 
        enforcement, in connection with the implementation or 
        enforcement of any such requirement.
    (d) Administration.--A State that receives a grant under this 
section may use not more than 5 percent of the grant for the 
administration of subgrants under subsection (c) .
                                 <all>
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