I 

113TH CONGRESS 

1ST SESSION H. R. 868 

To authorize the Director of the Bureau of Justice Assistance to make 

grants to States, units of local government, and gun dealers to conduct 

gun buyback programs. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 27, 2013 

Mr. PAYNE (for himself, Ms. NORTON, and Mr. CLAY) introduced the 

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

A BILL 

To authorize the Director of the Bureau of Justice Assistance to make grants to States, units of local government, 

and gun dealers to conduct gun buyback programs. 

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 ‘‘Safer Neighborhoods 

5 Gun Buyback Act of 2013’’. 

6 SEC. 2. PROGRAM AUTHORIZED. 

7 (a) IN GENERAL.—The Director of the Bureau of 

8 Justice Assistance (referred to in this Act as the ‘‘DirecVerDate Mar 15 2010 05:07 Mar 01, 2013 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H868.IH H868

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1 tor’’) may make grants to eligible entities to conduct gun 

2 buyback programs. 

3 (b) ELIGIBLE ENTITY DEFINED.—In this Act, the 

4 term ‘‘eligible entity’’ means— 

5 (1) a State; 

6 (2) a unit of local government; or 

7 (3) a gun dealer if neither the unit of local gov8 ernment nor the State where such dealer is located 

9 receives a grant under this Act. 

10 SEC. 3. APPLICATIONS. 

11 (a) GRANTS.—The chief executive of an eligible entity 

12 seeking a grant under this Act shall submit an application 

13 to the Director at such time and containing such informa14 tion as the Director may reasonably require. 

15 (b) SUBGRANTS.—A gun dealer located in a unit of 

16 local government or State that does receive a grant under 

17 this Act seeking a subgrant shall submit an application 

18 to the chief executive of such unit of local government or 

19 State at such time and containing such information as the 

20 chief executive may reasonably require, including proof of 

21 such dealer’s license under section 923 of title 18, United 

22 States Code. 

23 SEC. 4. TERM OF GRANT. 

24 (a) TERM.—The term of a grant awarded under this 

25 Act shall be two years. 


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1 (b) AVAILABILITY OF GRANT FUNDS.— 

2 (1) GUN DEALERS.—A gun dealer that receives 

3 a grant or subgrant under this Act shall return to 

4 the Director any remaining smart prepaid cards and 

5 any unused portion of such grant or subgrant that 

6 was allocated to be used to buy back guns— 

7 (A) in the case of a gun dealer receiving a 

8 grant, at the end of the two-year period begin9 ning on the date that the grant was awarded; 

10 or 

11 (B) in the case of a gun dealer receiving 

12 a subgrant, at the end of the two-year period 

13 beginning on the date that the grant was 

14 awarded to the State or unit of local govern15 ment from which the gun dealer received a 

16 subgrant. 

17 (2) STATES OR UNITS OF LOCAL GOVERN18 MENT.—A State of unit of local government that re19 ceives a grant under this Act shall return to the Di20 rector any unused portion of such grant at the end 

21 of the two-year and 270-day period beginning on the 

22 date that the grant was awarded. 

23 (c) AMOUNTS RETURNED.—The Director shall re24 turn to the general fund of the Treasury any amounts re25 turned under subsection (b). 


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1 SEC. 5. SMART PREPAID CARDS. 

2 (a) IN GENERAL.—In conducting the grant program 

3 authorized under section 2, the Director may reserve such 

4 funds as may be necessary to acquire and distribute smart 

5 prepaid cards to eligible entities that receive grants under 

6 this Act. The Director shall distribute the smart prepaid 

7 cards without any funds loaded onto the cards. 

8 (b) MARKET VALUE OF GUNS.—The Director shall 

9 determine the market value of each gun listed in section 

10 7(2) and make such information publicly available. 

11 (c) PROHIBITION ON USE OF CARDS TO BUY

12 GUNS.— 

13 (1) IN GENERAL.—A person may not use a 

14 smart prepaid card to buy a gun or ammunition, 

15 and a merchant may not accept a smart prepaid 

16 card to sell a gun or ammunition. 

17 (2) PENALTY.—A merchant that violates para18 graph (1) shall pay to the Director an amount that 

19 is equal to the value of the prohibited sale. 

20 SEC. 6. USES OF FUNDS. 

21 (a) STATES AND UNITS OF LOCAL GOVERNMENT.— 

22 A State or unit of local government receiving a grant 

23 under this Act shall use such funds to do the following: 

24 (1) SUBGRANTS TO GUN DEALERS.—Distribute 

25 not less than 80 percent of such funds in the form 


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1 of subgrants to gun dealers in such State or unit of 

2 local government to conduct gun buyback programs. 

3 (2) DISTRIBUTE SMART PREPAID CARDS.—Dis4 tribute the smart prepaid cards such State or unit 

5 of local government receives to gun dealers receiving 

6 subgrants. 

7 (3) GUN RECYCLING PROGRAM.—Use 10 per8 cent of such funds to recycle the guns that such 

9 State or unit of local government receives from gun 

10 dealers to make street signs, energy efficient wash11 ing machines, car parts, energy efficient refrig12 erators, or other steel parts such as railroad or 

13 metro tracks. 

14 (4) ADMINISTRATIVE COSTS.—Use not more 

15 than 10 percent of such funds for the administrative 

16 costs of carrying out the grant program under this 

17 Act. 

18 (b) GUN DEALERS.— 

19 (1) IN GENERAL.—A gun dealer receiving a 

20 grant or subgrant under this Act shall use such 

21 funds to conduct a gun buyback program. 

22 (2) SMART PREPAID CARD AMOUNTS.— 

23 (A) In order to purchase a gun through a 

24 gun buyback program, a gun dealer shall load 

25 onto a smart prepaid card 125 percent of the 


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1 market value of the gun that the individual 

2 wishes to dispose of (as determined by the Di3 rector under section 5(b)). 

4 (B) A gun dealer may increase the pur5 chase price of a gun and load an amount onto 

6 a smart prepaid card that is greater than 125 

7 percent of the market value of the gun if the 

8 gun dealer determines that the gun has been al9 tered in a way that would increase the market 

10 value of the gun (such as an altered grip, or the 

11 addition of a scope). 

12 (3) GUNS RECEIVED.— 

13 (A) In the case of a gun dealer receiving 

14 a grant under this Act, the gun dealer shall de15 liver a gun the dealer receives under the gun 

16 buyback program to the closest office of the 

17 Bureau of Alcohol, Tobacco, Firearms and Ex18 plosives not later than 60 days after receiving 

19 such gun. 

20 (B) In the case of a gun dealer receiving 

21 a subgrant under this Act, the gun dealer shall 

22 deliver a gun the dealer receives under the gun 

23 buyback program to the State or unit of local 

24 government from which it receives the subgrant 

25 not later than 60 days after receiving such gun. 


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1 (c) INCENTIVES FOR GUN DEALER PARTICIPA2 TION.—To the extent that the Director determines nec3 essary to facilitate participation of gun dealers in the gun 

4 buyback program, grant funds may be used to provide 

5 monetary or other incentives to gun dealers to participate 

6 in such program. For purposes of subsection (a), any such 

7 incentives shall be treated as part of the subgrant to the 

8 gun dealer described in paragraph (1) thereof. 

9 SEC. 7. DEFINITIONS. 

10 In this Act: 

11 (1) GUN.—The term ‘‘gun’’ means ‘‘firearm’’ 

12 as defined in section 921(a)(3) of title 18, United 

13 States Code. 

14 (2) GUN BUYBACK PROGRAM.—The term ‘‘gun 

15 buyback program’’ means a program under which a 

16 gun dealer, using smart prepaid cards as described 

17 in section 6(b)(2), purchases back from individuals 

18 wishing to dispose of them, the following guns: 

19 (A) Smith and Wesson .38 revolver. 

20 (B) Smith and Wesson .40 semiautomatic 

21 pistol. 

22 (C) Haskell Hi-Point JHP 45 semiauto23 matic pistol. 

24 (D) Iberia Firearm JCP40 pistol. 

25 (E) Ruger 9 mm semiautomatic pistol. 


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1 (F) Hi-Point CF380 .380 semiautomatic 

2 pistol. 

3 (G) Raven Arms .25 semiautomatic pistol. 

4 (H) Mossberg 12 gauge shotgun. 

5 (I) Smith and Wesson 9mm semiautomatic 

6 pistol. 

7 (J) Smith and Wesson .357 revolver. 

8 (K) Bryco Arms 9mm semiautomatic pis9 tol. 

10 (L) Bryco Arms .380 semiautomatic pistol. 

11 (M) Davis Industries .380 semiautomatic 

12 pistol. 

13 (N) Cobra FS380 .38 semiautomatic pis14 tol. 

15 (3) GUN DEALER.—The term ‘‘gun dealer’’ 

16 means a dealer of firearms licensed under section 

17 923 of title 18, United States Code. 

18 (4) SMART PREPAID CARD.—The term ‘‘smart 

19 prepaid card’’ means a card issued by the Director 

20 that— 

21 (A) is redeemable at multiple, unaffiliated 

22 merchants or service providers; 

23 (B) contains a mechanism, for the purpose 

24 of preventing the card-holder from using it to 

25 purchase a gun or ammunition, that recognizes 


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1 the merchant category code of a merchant and 

2 prohibits the use of such card at gun stores and 

3 pawn shops; 

4 (C) is honored, upon presentation, by mer5 chants for goods or services, except for mer6 chants described in subparagraph (B); 

7 (D) is loaded on a prepaid basis by a gun 

8 dealer for use in a gun buyback program; and 

9 (E) clearly and conspicuously bears the 

10 words ‘‘THIS CARD MAY NOT BE USED 

11 TO PURCHASE A GUN OR AMMUNITION’’ 

12 in capital and raised letters on the card. 

13 (5) STATE.—The term ‘‘State’’ means each of 

14 the 50 States and the District of Columbia. 

15 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

16 There is authorized to be appropriated $360,000,000 

17 for each of fiscal years 2014 through 2016 to carry out 

18 this Act. 

Æ 


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