II 

117TH CONGRESS 

2D SESSION S. 4184 

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 SENATE OF THE UNITED STATES 

MAY 11 (legislative day, MAY 10), 2022 

Ms. DUCKWORTH introduced the following bill; which was read twice and 

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 the 

5 ‘‘Blair Holt Firearm Owner Licensing and Record of Sale 

6 Act of 2022’’. 

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. Issuance, revocation, and renewal of firearm owner licenses. 

Sec. 103. Relief from denial or revocation of firearm owner licenses. 

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. Firearms transfers. 

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 DATES OF AMENDMENTS 

Sec. 901. Effective dates of amendments. 

1 SEC. 2. FINDINGS AND PURPOSES. 

2 (a) FINDINGS.—Congress finds that— 

3 (1) the manufacture, distribution, and importa4 tion of firearms is inherently commercial in nature; 


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1 (2) firearms regularly move in interstate com2 merce; 

3 (3) to the extent that firearms trafficking is 

4 intrastate in nature, it arises out of and is substan5 tially connected with a commercial transaction that, 

6 when viewed in the aggregate, substantially affects 

7 interstate commerce; 

8 (4) because the intrastate and interstate traf9 ficking of firearms are so commingled, full regula10 tion of interstate commerce requires the incidental 

11 regulation of intrastate commerce; 

12 (5) firearm-related assaults in the United 

13 States during the 19-year period between 2001 and 

14 2019 were— 

15 (A) associated with the majority of homi16 cides and half of all suicides; and 

17 (B) the seventh leading cause of nonfatal 

18 violent injuries; 

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

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

21 killed on a public bus riding home from school when 

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

23 of fire after a young man boarded the bus and start24 ed shooting; 


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1 (7) since 2007, when 32 students and teachers 

2 were killed at Virginia Tech, 7 of the 11 most deadly 

3 mass shootings in the United States have taken 

4 place; 

5 (8) since 2012, when 20 first graders and 

6 teachers were murdered with an assault rifle at 

7 Sandy Hook Elementary School in Newtown, Con8 necticut, more than 230 school shootings have oc9 curred in the United States; 

10 (9) in 2015, there were 335 mass shootings, in11 cluding, notably, the shooting at Umpqua Commu12 nity College in Oregon, the Charleston church shoot13 ing in South Carolina, the theater shooting in La14 fayette, Louisiana, and the Isla Vista community 

15 shootings in California; 

16 (10) since 2016, the country has witnessed 4 of 

17 the 10 most deadly mass shootings in modern 

18 United States history; 

19 (11) in February 2018, 17 members of the 

20 Marjory Stoneman Douglas High School community 

21 in Parkland, Florida, lost their lives at the hands of 

22 a 19-year-old armed with an AR–15 semiautomatic 

23 assault rifle; 

24 (12) according to the Federal Bureau of Inves25 tigation, the criminal homicide rate increased from 


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1 5.1 per 100,000 people in 2019 to 6.5 per 100,000 

2 people in 2020, the largest single year increase in at 

3 least the past 6 decades and approximately 73 per4 cent of 2019 criminal homicides are estimated to 

5 have been firearms-related, while approximately 77 

6 percent of 2020 criminal homicides are estimated to 

7 have been firearms-related; 

8 (13) communities of color suffer disproportion9 ately from gun violence, with Black children and 

10 teens 14 percent more likely to die of gun violence 

11 than their White counterparts and Latino children 

12 and teens 3 times more likely to die of gun violence 

13 than their White counterparts; and 

14 (14) between 2015 and 2020, there were 2,429 

15 mass shootings, including 611 in 2020 alone. 

16 (b) SENSE OF CONGRESS.—It is the sense of Con17 gress that— 

18 (1) firearms trafficking is prevalent and wide19 spread in and among the States, and it is usually 

20 impossible to distinguish between intrastate traf21 ficking and interstate trafficking; and 

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

23 role of the Federal Government to ensure that the 

24 regulation of firearms is uniform among the States, 

25 that law enforcement can quickly and effectively 


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1 trace firearms used in crime, and that firearms own2 ers know how to use and safely store their firearms. 

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

4 amendments made by this Act are— 

5 (1) to protect the public against the unreason6 able risk of injury and negligent or reckless death 

7 associated with the unrecorded sale or transfer of 

8 qualifying firearms to criminals and youths; 

9 (2) to ensure that owners of qualifying firearms 

10 are knowledgeable in the safe use, handling, and 

11 storage of those firearms; 

12 (3) to restrict the availability of qualifying fire13 arms to criminals, youth, and other persons prohib14 ited by Federal law from receiving firearms; 

15 (4) to facilitate the tracing of qualifying fire16 arms used in crime by Federal and State law en17 forcement agencies; and 

18 (5) to hold criminally and civilly liable those 

19 who facilitate the transfer of qualifying firearms, 

20 causing risk of injury and negligent or reckless 

21 death associated with the transfer of those quali22 fying firearms. 

23 SEC. 3. DEFINITIONS. 

24 (a) IN GENERAL.—In this Act, the terms ‘‘firearm’’, 

25 ‘‘qualifying firearm’’, and ‘‘State’’ have the meanings 


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1 given those terms in section 921(a) of title 18, United 

2 States Code, as amended by subsection (b). 

3 (b) TITLE 18, UNITED STATES CODE.—Section 

4 921(a) of title 18, United States Code, is amended by add5 ing at the end the following: 

6 ‘‘(36) The term ‘detachable ammunition feeding de7 vice’— 

8 ‘‘(A) means a magazine, belt, drum, feed strip, 

9 or similar device that— 

10 ‘‘(i) is capable of being detached from a 

11 semiautomatic rifle; and 

12 ‘‘(ii) has a capacity of, or that can be read13 ily restored or converted to accept, more than 

14 10 rounds of ammunition; and 

15 ‘‘(B) does not include an attached tubular de16 vice designed to accept, and capable of operating 

17 only with, .22 caliber rimfire ammunition. 

18 ‘‘(37) The term ‘firearm owner license’ means a li19 cense issued under section 923(m). 

20 ‘‘(38) The term ‘qualifying firearm’— 

21 ‘‘(A) means— 

22 ‘‘(i) a handgun; or 

23 ‘‘(ii) a semiautomatic rifle that is capable 

24 of accepting a detachable ammunition feeding 

25 device; and 


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1 ‘‘(B) does not include an antique firearm.’’. 

2 TITLE I—LICENSING 

3 SEC. 101. LICENSING REQUIREMENT. 

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

5 amended by adding at the end the following: 

6 ‘‘(aa) FIREARM LICENSING REQUIREMENT.— 

7 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

8 it shall be unlawful for any individual other than a 

9 licensed importer, licensed manufacturer, licensed 

10 dealer, or licensed collector to possess a qualifying 

11 firearm on or after the applicable date, unless that 

12 individual has a valid— 

13 ‘‘(A) firearm owner license; or 

14 ‘‘(B) State firearm license. 

15 ‘‘(2) EXEMPTIONS.— 

16 ‘‘(A) IN GENERAL.—Paragraph (1) shall 

17 not apply to— 

18 ‘‘(i) a Federal, State, local, or Tribal 

19 law enforcement officer while engaged in 

20 the performance of official duties; 

21 ‘‘(ii) a member of the Armed Forces 

22 or National Guard while engaged in the 

23 performance of official duties; 

24 ‘‘(iii) a Federal employee who is re25 quired to carry a qualifying firearm in the 


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1 capacity of that individual as a Federal 

2 employee while engaged in the performance 

3 of official duties; 

4 ‘‘(iv) a member of a bona fide vet5 erans organization that received the quali6 fying firearm directly from the Armed 

7 Forces, including a member of the color 

8 guard of the veterans organization, while 

9 using the qualifying firearm for a ceremo10 nial purpose with blank ammunition; 

11 ‘‘(v) an unemancipated minor who is 

12 under the direct supervision of an indi13 vidual who— 

14 ‘‘(I) has a valid firearm owner li15 cense or State firearm license; and 

16 ‘‘(II) is, with respect to the 

17 minor— 

18 ‘‘(aa) a parent; 

19 ‘‘(bb) a legal guardian; or 

20 ‘‘(cc) any other individual 

21 standing in loco parentis; 

22 ‘‘(vi) an individual with a valid hunt23 ing license issued by a State while the indi24 vidual is— 


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1 ‘‘(I) hunting in the State that 

2 issued the license; and 

3 ‘‘(II) accompanied by an indi4 vidual who has a valid firearm owner 

5 license or State firearm license; or 

6 ‘‘(vii) an individual who is— 

7 ‘‘(I)(aa) on a firing or shooting 

8 range; or 

9 ‘‘(bb) participating in a firearms 

10 safety or training course recognized 

11 by— 

12 ‘‘(AA) a Federal, State, 

13 local, or Tribal law enforcement 

14 agency; or 

15 ‘‘(BB) a national or state16 wide shooting sports organiza17 tion; 

18 ‘‘(II) otherwise eligible to obtain 

19 a firearm owner license; and 

20 ‘‘(III) under the direct super21 vision of an individual who— 

22 ‘‘(aa) has a valid firearm 

23 owner license or State firearm li24 cense; and 


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1 ‘‘(bb) is not less than 21 

2 years of age. 

3 ‘‘(B) INDIVIDUALS WITH STATE FIREARM

4 LICENSES.—Not later than 60 days after the 

5 date on which an individual who has a State 

6 firearm license moves from the State in which 

7 the State firearm license of the individual was 

8 issued to a different State, the individual 

9 shall— 

10 ‘‘(i) if the State to which the indi11 vidual has moved has a State firearm 

12 owner licensing system certified by the At13 torney General under section 933, apply 

14 for— 

15 ‘‘(I) a State firearm license 

16 under that State system; or 

17 ‘‘(II) a firearm owner license; or 

18 ‘‘(ii) if the State to which the indi19 vidual has moved does not have a State 

20 firearm licensing system certified by the 

21 Attorney General under section 933, apply 

22 for a firearm owner license. 

23 ‘‘(3) DEFINITIONS.—In this subsection— 


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1 ‘‘(A) the term ‘applicable date’ means, 

2 with respect to a qualifying firearm that is ac3 quired by the individual— 

4 ‘‘(i) before the date of enactment of 

5 the Blair Holt Firearm Owner Licensing 

6 and Record of Sale Act of 2022, 2 years 

7 after that date of enactment; and 

8 ‘‘(ii) on or after the date of enactment 

9 of the Blair Holt Firearm Owner Licensing 

10 and Record of Sale Act of 2022, 1 year 

11 after that date of enactment; and 

12 ‘‘(B) the term ‘State firearm license’ 

13 means a firearm license issued under a firearm 

14 licensing system established by a State that has 

15 been certified by the Attorney General under 

16 section 933. 

17 ‘‘(bb) DENIAL OR REVOCATION OF FIREARM OWNER

18 LICENSES.—It shall be unlawful for any individual who 

19 is denied a firearm owner license under paragraph (3)(D) 

20 of section 923(m) or receives a revocation notice under 

21 paragraph (5)(B)(i) of that section to knowingly— 

22 ‘‘(1) fail to surrender the firearm owner license 

23 of the individual in accordance with paragraph 

24 (6)(A)(i) of that section; 


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1 ‘‘(2) fail to submit a firearm disposition record 

2 in accordance with paragraph (6)(A)(ii) of that sec3 tion; 

4 ‘‘(3) make a false statement in a firearm dis5 position record submitted under paragraph (6)(A)(ii) 

6 of that section; or 

7 ‘‘(4) fail to transfer any qualifying firearm of 

8 the individual in accordance with paragraph 

9 (6)(A)(iii) of that section.’’. 

10 SEC. 102. ISSUANCE, REVOCATION, AND RENEWAL OF FIRE11 ARM OWNER LICENSES. 

12 Section 923 of title 18, United States Code, is 

13 amended— 

14 (1) in subsection (d)(1)(F)(iii), by inserting 

15 ‘‘under subsection (a) or (b)’’ after ‘‘Federal fire16 arms license’’; 

17 (2) in subsection (l), by inserting ‘‘under sub18 section (a) or (b)’’ after ‘‘a firearms license is 

19 issued’’; and 

20 (3) by adding at the end the following: 

21 ‘‘(m) FIREARM OWNER LICENSES.— 

22 ‘‘(1) DEFINITIONS.—In this subsection— 

23 ‘‘(A) the term ‘clinical psychologist’ means 

24 a psychologist licensed or registered to practice 


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1 psychology in the State in which the psycholo2 gist practices who— 

3 ‘‘(i) has— 

4 ‘‘(I) a doctoral degree from a re5 gionally accredited university, college, 

6 or professional school; and 

7 ‘‘(II) not less than 2 years of su8 pervised experience in health services, 

9 of which— 

10 ‘‘(aa) not less than 1 year is 

11 of postdoctoral experience; and 

12 ‘‘(bb) not less than 1 year is 

13 of experience in an organized 

14 health service program; or 

15 ‘‘(ii) has— 

16 ‘‘(I) a graduate degree in psy17 chology from a regionally accredited 

18 university or college; and 

19 ‘‘(II) not less than 6 years of ex20 perience as a psychologist, of which 

21 not less than 2 years are of supervised 

22 experience in health services; 

23 ‘‘(B) the term ‘covered offense’ means bat24 tery, assault, aggravated assault, or violation of 


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1 an order of protection, in which a firearm was 

2 used or possessed; 

3 ‘‘(C) the term ‘identification document’ has 

4 the meaning given the term in section 1028(d); 

5 ‘‘(D) the term ‘licensed individual’ means 

6 an individual issued a firearm owner license 

7 under paragraph (3); 

8 ‘‘(E) the term ‘physician’ means a doctor 

9 of medicine legally authorized to practice medi10 cine by the State in which the physician per11 forms that function or action; 

12 ‘‘(F) the term ‘qualified examiner’ means a 

13 medical professional authorized to conduct a 

14 qualifying mental health evaluation by the State 

15 in which the evaluation occurs; and 

16 ‘‘(G) the term ‘qualifying mental health 

17 evaluation’ means a mental evaluation by a 

18 physician, clinical psychologist, or qualified ex19 aminer resulting in a certification by the physi20 cian, clinical psychologist, or qualified examiner 

21 that an individual is not a clear and present 

22 danger to the individual or others. 

23 ‘‘(2) APPLICATIONS.— 

24 ‘‘(A) IN GENERAL.—An individual applying 

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1 section shall submit to the Attorney General, in 

2 accordance with the regulations promulgated 

3 under subparagraph (B), an application that in4 cludes— 

5 ‘‘(i) a current, passport-sized photo6 graph of the applicant that provides a 

7 clear, accurate likeness of the applicant; 

8 ‘‘(ii) the name, address, and date and 

9 place of birth of the applicant; 

10 ‘‘(iii) any other name that the appli11 cant has ever used or by which the appli12 cant has ever been known; 

13 ‘‘(iv) with respect to each category of 

14 person prohibited by Federal law, or by the 

15 law of the State of residence of the appli16 cant, from obtaining a firearm, a state17 ment that the applicant is not a person 

18 prohibited from receiving a firearm; 

19 ‘‘(v)(I) a certification by the applicant 

20 that the applicant is not younger than 21 

21 years old; or 

22 ‘‘(II) in the case of an applicant who 

23 is younger than 21 years old— 

24 ‘‘(aa) written proof of the con25 sent of the parent or legal guardian of 


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1 the applicant for the applicant to pos2 sess and acquire a qualifying firearm, 

3 provided that the parent or legal 

4 guardian— 

5 ‘‘(AA) is not an individual 

6 prohibited by subsection (g) or 

7 (n) of section 922 from receiving 

8 a firearm; and 

9 ‘‘(BB) submits an affidavit 

10 with the application affirming 

11 that the parent or legal guardian 

12 is not an individual prohibited by 

13 subsection (g) or (n) of section 

14 922 from receiving a firearm; 

15 and 

16 ‘‘(bb) a certification by the appli17 cant that the applicant has not been 

18 convicted of a misdemeanor, other 

19 than a traffic offense, or adjudged de20 linquent; 

21 ‘‘(vi) a certification by the applicant 

22 that the applicant— 

23 ‘‘(I) was not a patient in a men24 tal health facility during the 5-year 


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1 period preceding the date on which 

2 the application is submitted; 

3 ‘‘(II) is not an individual with an 

4 intellectual or developmental dis5 ability; 

6 ‘‘(III) is not subject to an order 

7 of protection prohibiting the applicant 

8 from possessing a firearm; 

9 ‘‘(IV) has not been convicted of a 

10 covered offense during the 5-year pe11 riod preceding the date on which the 

12 application is submitted; and 

13 ‘‘(V) has not been adjudged de14 linquent for an act of juvenile delin15 quency that if committed by an adult 

16 would be a felony; 

17 ‘‘(vii) if the individual was a patient 

18 in a mental health facility during a period 

19 ending more than 5 years before the date 

20 on which the application is submitted, a 

21 qualifying mental health evaluation; 

22 ‘‘(viii) an authorization by the appli23 cant to release to the Attorney General, or 

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1 ney General, any mental health records 

2 pertaining to the applicant; 

3 ‘‘(ix) the rolled fingerprints of the ap4 plicant; 

5 ‘‘(x) the date on which the application 

6 was submitted; and 

7 ‘‘(xi) the signature of the applicant. 

8 ‘‘(B) REGULATIONS GOVERNING SUBMIS9 SION.— 

10 ‘‘(i) IN GENERAL.—The Attorney 

11 General shall promulgate regulations speci12 fying procedures for the submission of an 

13 application under subparagraph (A) to the 

14 Attorney General that shall— 

15 ‘‘(I) provide for submission of the 

16 application through a licensed dealer 

17 or an office or agency of the Federal 

18 Government designated by the Attor19 ney General; 

20 ‘‘(II) require the applicant to 

21 provide a valid identification docu22 ment of the applicant, containing a 

23 photograph of the applicant, to the li24 censed dealer or to the office or agen25 cy of the Federal Government, as apVerDate Sep 11 2014 05:12 May 13, 2022 Jkt 029200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S4184.IS S4184

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1 plicable, at the time of submission of 

2 the application to that licensed dealer, 

3 office, or agency; and 

4 ‘‘(III) require that a completed 

5 application be forwarded to the Attor6 ney General not later than 48 hours 

7 after the application is submitted to 

8 the licensed dealer or office or agency 

9 of the Federal Government. 

10 ‘‘(ii) DEFINITION.—In this subpara11 graph, the term ‘agency’ has the meaning 

12 given the term in section 551 of title 5. 

13 ‘‘(C) FEES.— 

14 ‘‘(i) IN GENERAL.—The Attorney 

15 General shall charge and collect from each 

16 applicant for a license under this sub17 section a fee in an amount determined in 

18 accordance with clause (ii). 

19 ‘‘(ii) FEE AMOUNT.—The amount of 

20 the fee collected under this subparagraph 

21 shall be not less than the amount deter22 mined by the Attorney General to be nec23 essary to ensure that the total amount of 

24 all fees collected under this subparagraph 

25 during a fiscal year is sufficient to cover 


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1 the costs of carrying out this subsection 

2 during that fiscal year, except that such 

3 amount shall not exceed $10. 

4 ‘‘(3) ISSUANCE OF LICENSES.— 

5 ‘‘(A) IN GENERAL.—Not later than 30 

6 days after the date on which an application is 

7 submitted under paragraph (2), the Attorney 

8 General shall issue a firearm owner license to 

9 an applicant who has submitted an application 

10 that meets the requirements under paragraph 

11 (2), if, after conducting a fingerprint-based na12 tionwide criminal background check using the 

13 rolled fingerprints of the applicant submitted in 

14 the application, the Attorney General deter15 mines that the applicant— 

16 ‘‘(i) is not prohibited by subsection (g) 

17 or (n) of section 922 from receiving a 

18 qualifying firearm; 

19 ‘‘(ii)(I) is not younger than 21 years 

20 old; or 

21 ‘‘(II) is younger than 21 years old 

22 and— 

23 ‘‘(aa) has submitted written 

24 proof of the consent of the parent or 

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1 quired under paragraph 

2 (2)(A)(v)(II)(aa); and 

3 ‘‘(bb) has not been convicted of a 

4 misdemeanor, other than a traffic of5 fense, or adjudged delinquent; 

6 ‘‘(iii) was not a patient in a mental 

7 health facility during the 5-year period 

8 preceding the date on which the applica9 tion is submitted; 

10 ‘‘(iv) is not an individual with an in11 tellectual or developmental disability; 

12 ‘‘(v) is not subject to an order of pro13 tection prohibiting the applicant from pos14 sessing a firearm; 

15 ‘‘(vi) has not been convicted of a cov16 ered offense during the 5-year period pre17 ceding the date on which the application is 

18 submitted; 

19 ‘‘(vii) has not been adjudged delin20 quent for an act of juvenile delinquency 

21 that if committed by an adult would be a 

22 felony; 

23 ‘‘(viii) if the applicant was a patient 

24 in a mental health facility during a period 

25 ending more than 5 years before the date 


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1 on which the application is submitted, has 

2 received a qualifying mental health evalua3 tion; 

4 ‘‘(ix) does not have a mental condition 

5 that makes the applicant a clear and 

6 present danger to the individual or others; 

7 and 

8 ‘‘(x) has not intentionally made a 

9 false statement in the application under 

10 paragraph (2). 

11 ‘‘(B) EFFECT OF ISSUANCE TO PROHIB12 ITED INDIVIDUALS.—A firearm owner license 

13 issued under this paragraph shall be null and 

14 void if issued to an individual who is prohibited 

15 by subsection (g) or (n) of section 922 from re16 ceiving a firearm. 

17 ‘‘(C) FORM OF LICENSES.—A firearm 

18 owner license issued under this paragraph shall 

19 be in the form of a tamper-resistant card, and 

20 shall include— 

21 ‘‘(i) the photograph of the licensed in22 dividual submitted with the application 

23 under paragraph (2); 

24 ‘‘(ii) the address of the licensed indi25 vidual; 


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1 ‘‘(iii) the date of birth of the licensed 

2 individual; 

3 ‘‘(iv) the sex of the licensed individual; 

4 ‘‘(v) the height and weight of the li5 censed individual; 

6 ‘‘(vi) a license number, unique to each 

7 licensed individual; 

8 ‘‘(vii) the expiration date of the li9 cense, which shall be— 

10 ‘‘(I) the date that is 5 years after 

11 the initial anniversary of the date of 

12 birth of the licensed individual fol13 lowing the date on which the license is 

14 issued; or 

15 ‘‘(II) in the case of a license re16 newed under paragraph (4), the date 

17 that is 5 years after the anniversary 

18 of the date of birth of the licensed in19 dividual following the date on which 

20 the license is renewed; 

21 ‘‘(viii) a facsimile of the rolled finger22 prints of the individual submitted in the 

23 application of the individual under para24 graph (2)(A)(ix) in an encrypted, embed25 ded, and machine-readable format; 


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1 ‘‘(ix) the signature of the licensed in2 dividual provided on the application under 

3 paragraph (2), or a facsimile of the signa4 ture; and 

5 ‘‘(x) centered at the top of the license, 

6 capitalized, and in boldface type, the fol7 lowing: 

8 ‘FIREARM OWNER LICENSE—NOT 

9 VALID FOR ANY OTHER PURPOSE’. 

10 ‘‘(D) DENIAL.— 

11 ‘‘(i) IN GENERAL.—If the Attorney 

12 General determines that an applicant does 

13 not meet the requirements under subpara14 graph (A), the Attorney General shall pro15 vide written notice to the applicant that 

16 states— 

17 ‘‘(I) the specific grounds on 

18 which the denial is based; and 

19 ‘‘(II) the requirements for 

20 issuance of a firearm owner license 

21 under subparagraph (A). 

22 ‘‘(ii) NOTICE TO LOCAL LAW EN23 FORCEMENT.—The Attorney General shall 

24 transmit a copy of the notice described in 

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1 ment agency having jurisdiction where the 

2 individual to whom the denial pertains re3 sides. 

4 ‘‘(E) CHANGE OF ADDRESS.—A licensed 

5 individual shall immediately notify the Attorney 

6 General if the licensed individual moves from 

7 the residence address listed on the firearm 

8 owner license of that licensed individual. 

9 ‘‘(4) RENEWAL OF LICENSES.— 

10 ‘‘(A) APPLICATIONS FOR RENEWAL OF LI11 CENSES.— 

12 ‘‘(i) IN GENERAL.—A licensed indi13 vidual seeking to renew a firearm owner li14 cense shall, not later than 60 days before 

15 the expiration date of the firearm owner li16 cense, submit to the Attorney General, in 

17 accordance with the regulations promul18 gated under subparagraph (B), an applica19 tion for renewal of the license. 

20 ‘‘(ii) CONTENTS.—An application sub21 mitted under clause (i) shall include— 

22 ‘‘(I) a current, passport-sized 

23 photograph of the licensed individual 

24 that provides a clear, accurate like25 ness of the licensed individual; 


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•S 4184 IS

1 ‘‘(II) current proof of identity of 

2 the licensed individual; and 

3 ‘‘(III) the address of the licensed 

4 individual. 

5 ‘‘(iii) REGULATIONS GOVERNING SUB6 MISSION.—The Attorney General shall pro7 mulgate regulations specifying procedures 

8 for the submission of applications under 

9 this subparagraph. 

10 ‘‘(B) ISSUANCE OF RENEWED LICENSES.— 

11 Upon approval of an application submitted 

12 under subparagraph (A), the Attorney General 

13 shall issue a renewed license, which shall meet 

14 the requirements of paragraph (3)(C), except 

15 that the license shall include the current photo16 graph and address of the licensed individual, as 

17 provided in the application submitted under 

18 subparagraph (A) of this paragraph, and the 

19 expiration date of the renewed license, in ac20 cordance with paragraph (3)(C)(vii)(II). 

21 ‘‘(5) REVOCATION OF LICENSES.— 

22 ‘‘(A) IN GENERAL.—If a licensed indi23 vidual becomes an individual who the Attorney 

24 General determines does not meet the requireVerDate Sep 11 2014 05:12 May 13, 2022 Jkt 029200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S4184.IS S4184

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•S 4184 IS

1 ments under paragraph (3)(A) of this sub2 section— 

3 ‘‘(i) the firearm owner license is re4 voked; and 

5 ‘‘(ii) the individual shall surrender the 

6 firearm owner license to the Attorney Gen7 eral in accordance with paragraph (6)(A) 

8 of this subsection. 

9 ‘‘(B) NOTICE.— 

10 ‘‘(i) IN GENERAL.—Upon receipt by 

11 the Attorney General of notice that a li12 censed individual has become an individual 

13 described in subparagraph (A), the Attor14 ney General shall provide written notice to 

15 the individual that— 

16 ‘‘(I) the firearm owner license is 

17 revoked; and 

18 ‘‘(II) states the specific grounds 

19 on which the revocation is based. 

20 ‘‘(ii) NOTICE TO LOCAL LAW EN21 FORCEMENT.—The Attorney General shall 

22 transmit a copy of the notice described in 

23 clause (i) to the sheriff and law enforce24 ment agency having jurisdiction where the 


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1 individual to which the denial pertains re2 sides. 

3 ‘‘(6) SURRENDER OF LICENSES AND QUALI4 FYING FIREARMS.— 

5 ‘‘(A) IN GENERAL.—Subject to subpara6 graph (F), an individual who is denied a fire7 arm owner license under paragraph (3)(D) or 

8 receives a revocation notice under paragraph 

9 (5)(B)(i) shall, not later than 48 hours after re10 ceiving notice of the denial or revocation— 

11 ‘‘(i) in the case of an individual who 

12 receives a revocation notice, surrender the 

13 firearm owner license of the individual— 

14 ‘‘(I) by bringing the firearm 

15 owner license to an office of— 

16 ‘‘(aa) the Federal Bureau of 

17 Investigation; 

18 ‘‘(bb) the Bureau of Alcohol, 

19 Tobacco, Firearms, and Explo20 sives; or 

21 ‘‘(cc) a United States Attor22 ney; or 

23 ‘‘(II) by mailing the firearm 

24 owner license to the Attorney General; 


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•S 4184 IS

1 ‘‘(ii) if the individual owns or has cus2 tody and control of a qualifying firearm, 

3 complete a firearm disposition record de4 scribed in subparagraph (B) and— 

5 ‘‘(I) in the case of an individual 

6 who receives a denial notice, submit 

7 that firearm disposition record to an 

8 entity described in clause (i); and 

9 ‘‘(II) in the case of an individual 

10 who receives a revocation notice, sub11 mit that firearm disposition record at 

12 the same time that the individual sur13 renders the firearm owner license 

14 under clause (i); and 

15 ‘‘(iii) transfer any qualifying firearm 

16 that is owned by or under the custody and 

17 control of the individual to— 

18 ‘‘(I) any location other than— 

19 ‘‘(aa) a location to which the 

20 individual has immediate access; 

21 ‘‘(bb) a residence of the in22 dividual; 

23 ‘‘(cc) a vehicle of the indi24 vidual; or 


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•S 4184 IS

1 ‘‘(dd) a storage space of the 

2 individual; or 

3 ‘‘(II) if applicable, any person 

4 other than a member of the household 

5 of the individual. 

6 ‘‘(B) FIREARM DISPOSITION RECORDS.— 

7 The Attorney General shall prescribe a form for 

8 a firearm disposition record to be completed 

9 under subparagraph (A)(ii) that shall require 

10 an individual completing the firearm disposition 

11 record to disclose— 

12 ‘‘(i) the make, model, and serial num13 ber of each qualifying firearm that is 

14 owned by or under the custody and control 

15 of the individual on the date on which the 

16 firearm disposition record is completed by 

17 the individual; 

18 ‘‘(ii) the location where each quali19 fying firearm described in clause (i) will be 

20 located after the individual submits the 

21 firearm disposition record; and 

22 ‘‘(iii) if any qualifying firearm de23 scribed in clause (i) will be transferred to 

24 the ownership or custody and control of 

25 another person, the name, address, and, if 


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•S 4184 IS

1 applicable, firearm owner license number 

2 of the transferee. 

3 ‘‘(C) RESPONSIBILITIES OF RECEIVING EN4 TITIES.—At the time at which an entity de5 scribed in subparagraph (A)(i) receives a fire6 arm owner license and firearm disposition 

7 record under subparagraph (A), the entity 

8 shall— 

9 ‘‘(i) provide to the individual surren10 dering the firearm owner license and sub11 mitting the firearm disposition record— 

12 ‘‘(I) a receipt showing that the 

13 individual surrendered the firearm 

14 owner license to the entity; and 

15 ‘‘(II) a copy of the firearm dis16 position record submitted by the indi17 vidual; and 

18 ‘‘(ii) if the entity is an entity de19 scribed in item (aa), (bb), or (cc) of sub20 paragraph (A)(i)(I)— 

21 ‘‘(I) transmit to the Attorney 

22 General— 

23 ‘‘(aa) the firearm owner li24 cense; and 


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•S 4184 IS

1 ‘‘(bb) the firearm disposition 

2 record; and 

3 ‘‘(II) maintain a copy of the doc4 uments described in subclause (I) of 

5 this clause. 

6 ‘‘(D) RIGHT TO RECLAIM FIREARM.—An 

7 individual who transfers a qualifying firearm 

8 under subparagraph (A)(iii) may reclaim the 

9 qualifying firearm after a successful application 

10 for relief or appeal under section 925(g).’’. 

11 SEC. 103. RELIEF FROM DENIAL OR REVOCATION OF FIRE12 ARM OWNER LICENSES. 

13 Section 925 of title 18, United States Code, is 

14 amended by adding at the end the following: 

15 ‘‘(g) RELIEF FROM DENIAL OR REVOCATION OF

16 FIREARM OWNER LICENSES.— 

17 ‘‘(1) APPLICATION TO THE ATTORNEY GEN18 ERAL.— 

19 ‘‘(A) IN GENERAL.—If the Attorney Gen20 eral denies a firearm owner license to an indi21 vidual under paragraph (3)(D) of section 

22 923(m) or revokes the firearm owner license of 

23 an individual under paragraph (5) of that sec24 tion, the individual may, not later than 60 days 

25 after the date on which the denial or revocation 


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•S 4184 IS

1 occurs, make an application to the Attorney 

2 General for relief from that denial or revoca3 tion. 

4 ‘‘(B) RELIEF.—The Attorney General may 

5 grant relief to an applicant under subparagraph 

6 (A), if the applicant establishes to the satisfac7 tion of the Attorney General that the cir8 cumstances relating to the denial or revocation, 

9 and the criminal record and personal reputation 

10 of the applicant, are such that— 

11 ‘‘(i) the applicant will not be likely to 

12 act in a manner dangerous to public safe13 ty; and 

14 ‘‘(ii) relief under this subparagraph 

15 would not be contrary to the public inter16 est. 

17 ‘‘(C) NOTICE IN THE FEDERAL REG18 ISTER.—If the Attorney General grants relief 

19 under subparagraph (B), the Attorney General 

20 shall promptly publish in the Federal Register 

21 a notice— 

22 ‘‘(i) that the relief was granted; and 

23 ‘‘(ii) that describes the reasons for 

24 granting the relief. 

25 ‘‘(2) APPEAL.— 


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•S 4184 IS

1 ‘‘(A) IN GENERAL.—An applicant who is 

2 denied relief under paragraph (1)(B) may file a 

3 petition for judicial review of the denial with 

4 the district court of the United States for the 

5 district in which the applicant resides. 

6 ‘‘(B) HEARING.—A court that receives a 

7 petition under subparagraph (A) shall hold a 

8 hearing to determine whether to grant the peti9 tioner relief described in paragraph (1)(A) not 

10 later than 72 hours after the petitioner files the 

11 petition. 

12 ‘‘(C) NOTICE AND OPPORTUNITY TO BE

13 HEARD.— 

14 ‘‘(i) IN GENERAL.—The court shall 

15 provide the petitioner with notice and the 

16 opportunity to be heard at a hearing under 

17 this paragraph, sufficient to protect the 

18 due process rights of the petitioner. 

19 ‘‘(ii) RIGHT TO COUNSEL.— 

20 ‘‘(I) IN GENERAL.—At a hearing 

21 under this paragraph, the petitioner 

22 may be represented by counsel who 

23 is— 

24 ‘‘(aa) chosen by the peti25 tioner; and 


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•S 4184 IS

1 ‘‘(bb) authorized to practice 

2 at such a hearing. 

3 ‘‘(II) COURT-PROVIDED COUN4 SEL.—If the petitioner is financially 

5 unable to obtain representation by 

6 counsel, the court, at the request of 

7 the petitioner, shall ensure to the ex8 tent practicable that the petitioner is 

9 represented by an attorney for the 

10 Legal Services Corporation with re11 spect to the petition. 

12 ‘‘(D) BURDEN OF PROOF; STANDARD.—At 

13 a hearing under this paragraph, the Attorney 

14 General— 

15 ‘‘(i) shall have the burden of proving 

16 all material facts; and 

17 ‘‘(ii) shall be required to demonstrate, 

18 by clear and convincing evidence, that the 

19 petitioner is prohibited under section 

20 923(m)(3)(A) from receiving a firearm 

21 owner license.’’. 


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•S 4184 IS

1 TITLE II—RECORD OF SALE OR 

2 TRANSFER 

3 SEC. 201. SALE OR TRANSFER REQUIREMENTS FOR QUALI4 FYING FIREARMS. 

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

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

7 at the end the following: 

8 ‘‘(cc) UNAUTHORIZED SALE OR TRANSFER OF A

9 QUALIFYING FIREARM.—It shall be unlawful for any per10 son to sell, deliver, or otherwise transfer a qualifying fire11 arm to, or for, any person who is not a licensed importer, 

12 licensed manufacturer, licensed dealer, or licensed col13 lector, or to receive a qualifying firearm from a person 

14 who is not a licensed importer, licensed manufacturer, li15 censed dealer, or licensed collector, unless, at the time and 

16 place of the transfer or receipt— 

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

18 a valid firearm owner license issued to the trans19 feree— 

20 ‘‘(A) under section 923(m); or 

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

22 system certified under section 933 established 

23 by the State in which the transfer or receipt oc24 curs; 


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•S 4184 IS

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

2 General or the head of the State agency that admin3 isters the certified system described in paragraph 

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

5 transferee has been issued a firearm owner license 

6 described in paragraph (1) and that the firearm 

7 owner license remains valid; and 

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

9 (which, in the case of a sale, shall be the sales re10 ceipt) a tracking authorization number provided by 

11 the Attorney General or the head of the State agen12 cy, as applicable, as evidence that the licensed dealer 

13 has verified the validity of the firearm owner li14 cense.’’. 

15 SEC. 202. FIREARM RECORDS. 

16 (a) IN GENERAL.—Chapter 44 of title 18, United 

17 States Code, is amended by adding at the end the fol18 lowing: 

19 ‘‘§ 932. Firearm records 

20 ‘‘(a) SUBMISSION OF SALE OR TRANSFER RE21 PORTS.— 

22 ‘‘(1) IN GENERAL.—Not later than 14 days 

23 after the date on which the transfer of a qualifying 

24 firearm is processed by a licensed dealer under sec25 tion 922(cc), the licensed dealer shall submit to the 


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•S 4184 IS

1 Attorney General (or, in the case of a licensed dealer 

2 located in a State that has a State firearm licensing 

3 and record of sale system certified under section 

4 933, to the head of the State agency that admin5 isters that system) a report of that transfer, which 

6 shall include information relating to— 

7 ‘‘(A) the manufacturer of the qualifying 

8 firearm; 

9 ‘‘(B) the model name or number of the 

10 qualifying firearm; 

11 ‘‘(C) the serial number of the qualifying 

12 firearm; 

13 ‘‘(D) the date on which the qualifying fire14 arm was received by the transferee; 

15 ‘‘(E) the number of the valid firearm 

16 owner license issued to the transferee— 

17 ‘‘(i) under section 923(m); or 

18 ‘‘(ii) in accordance with a State fire19 arm licensing system certified under sec20 tion 933 established by the State in which 

21 the transfer or receipt occurs; and 

22 ‘‘(F) the name and address of the indi23 vidual who transferred the firearm to the trans24 feree. 


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•S 4184 IS

1 ‘‘(2) EFFECTIVE DATE.—This subsection shall 

2 take effect on the date that is 1 year after the date 

3 of enactment of the Blair Holt Firearm Owner Li4 censing and Record of Sale Act of 2022. 

5 ‘‘(b) FEDERAL RECORD OF SALE SYSTEM.—Not 

6 later than 270 days after the date of enactment of the 

7 Blair Holt Firearm Owner Licensing and Record of Sale 

8 Act of 2022, the Attorney General shall establish and 

9 maintain a Federal record of sale system, which shall in10 clude the information included in each report submitted 

11 to the Attorney General under subsection (a).’’. 

12 (b) ELIMINATION OF PROHIBITION ON ESTABLISH13 MENT OF SYSTEM OF REGISTRATION.—Section 926(a) of 

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

15 second sentence. 

16 (c) CLERICAL AMENDMENT.—The table of sections 

17 for chapter 44 of title 18, United States Code, is amended 

18 by adding at the end the following: 

‘‘932. Firearm records.’’. 

19 TITLE III—ADDITIONAL 

20 PROHIBITIONS 

21 SEC. 301. FIREARMS TRANSFERS. 

22 (a) IN GENERAL.—Section 922 of title 18, United 

23 States Code, as amended by sections 101 and 201 of this 

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

25 ‘‘(dd) FIREARMS TRANSFERS.— 


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•S 4184 IS

1 ‘‘(1) IN GENERAL.— 

2 ‘‘(A) PROHIBITION.—It shall be unlawful 

3 for any person who is not a licensed importer, 

4 licensed manufacturer, or licensed dealer to 

5 transfer a firearm to any other person who is 

6 not so licensed, unless a licensed importer, li7 censed manufacturer, or licensed dealer has 

8 first taken possession of the firearm for the 

9 purpose of complying with subsection (t). 

10 ‘‘(B) COMPLIANCE.—Upon taking posses11 sion of a firearm under subparagraph (A), a li12 censee shall comply with all requirements of 

13 this chapter as if the licensee were transferring 

14 the firearm from the inventory of the licensee to 

15 the unlicensed transferee. 

16 ‘‘(C) RETURN OF FIREARMS.—If a trans17 fer of a firearm described in subparagraph (A) 

18 will not be completed for any reason after a li19 censee takes possession of the firearm (includ20 ing because the transfer of the firearm to, or 

21 receipt of the firearm by, the transferee would 

22 violate this chapter), the return of the firearm 

23 to the transferor by the licensee shall not con24 stitute the transfer of a firearm for purposes of 

25 this chapter. 


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•S 4184 IS

1 ‘‘(2) EXCEPTIONS.—Paragraph (1) shall not 

2 apply to— 

3 ‘‘(A) a law enforcement agency or any law 

4 enforcement officer, armed private security pro5 fessional, or member of the Armed Forces, to 

6 the extent the officer, professional, or member 

7 is acting within the course and scope of employ8 ment and official duties; 

9 ‘‘(B) a transfer that is a loan or bona fide 

10 gift between— 

11 ‘‘(i) spouses; 

12 ‘‘(ii) domestic partners; 

13 ‘‘(iii) parents and their children, in14 cluding step-parents and their step-chil15 dren; 

16 ‘‘(iv) siblings; 

17 ‘‘(v) aunts or uncles and their nieces 

18 or nephews; or 

19 ‘‘(vi) grandparents and their grand20 children; 

21 ‘‘(C) a transfer to an executor, adminis22 trator, trustee, or personal representative of an 

23 estate or a trust that occurs by operation of law 

24 upon the death of another person; 


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•S 4184 IS

1 ‘‘(D) a temporary transfer that is nec2 essary to prevent imminent death or great bod3 ily harm, including harm to self, family, house4 hold members, or others, if the possession by 

5 the transferee lasts only as long as immediately 

6 necessary to prevent the imminent death or 

7 great bodily harm, including the harm of do8 mestic violence, dating partner violence, sexual 

9 assault, stalking, and domestic abuse; 

10 ‘‘(E) a transfer that is approved by the At11 torney General under section 5812 of the Inter12 nal Revenue Code of 1986; or 

13 ‘‘(F) a temporary transfer if— 

14 ‘‘(i) the transferor has no reason to 

15 believe that the transferee— 

16 ‘‘(I) will use or intends to use the 

17 firearm in a crime; or 

18 ‘‘(II) is prohibited from pos19 sessing a firearm under State or Fed20 eral law; and 

21 ‘‘(ii) the transfer takes place and the 

22 possession of the firearm by the transferee 

23 is exclusively— 

24 ‘‘(I) at a shooting range or in a 

25 shooting gallery or other area desVerDate Sep 11 2014 05:12 May 13, 2022 Jkt 029200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\S4184.IS S4184

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•S 4184 IS

1 ignated for the purpose of target 

2 shooting; 

3 ‘‘(II) reasonably necessary for 

4 the purposes of hunting, trapping, or 

5 fishing, if the transferor— 

6 ‘‘(aa) has no reason to be7 lieve that the transferee intends 

8 to use the firearm in a place 

9 where it is illegal; and 

10 ‘‘(bb) has reason to believe 

11 that the transferee will comply 

12 with all licensing and permit re13 quirements for such hunting, 

14 trapping, or fishing; or 

15 ‘‘(III) in the presence of the 

16 transferor. 

17 ‘‘(3) NOTICE.—It shall be unlawful for a li18 censed importer, licensed manufacturer, or licensed 

19 dealer to transfer possession of, or title to, a firearm 

20 to another person who is not so licensed unless— 

21 ‘‘(A) the importer, manufacturer, or dealer 

22 provides the person with notice of the prohibi23 tion under paragraph (1); and 

24 ‘‘(B) the other person certifies that the im25 porter, manufacturer, or dealer provided the 


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•S 4184 IS

1 person notice of the prohibition under para2 graph (1) on a form prescribed by the Attorney 

3 General.’’. 

4 (b) AMENDMENT.—Section 924(a)(5) of title 18, 

5 United States Code, is amended by striking ‘‘(s) or (t)’’ 

6 and inserting ‘‘(s), (t), or (dd)’’. 

7 (c) RULES OF INTERPRETATION.—Nothing in this 

8 section, or any amendment made by this section, shall be 

9 construed to authorize the establishment, directly or indi10 rectly, of a national firearms registry. 

11 SEC. 302. FAILURE TO MAINTAIN OR PERMIT INSPECTION 

12 OF RECORDS. 

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

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

15 amended by adding at the end the following: 

16 ‘‘(ee) FAILURE TO MAINTAIN OR PERMIT INSPEC17 TION OF RECORDS.—It shall be unlawful for a licensed 

18 manufacturer or a licensed dealer to fail to comply with 

19 section 932, or to fail to maintain such records or supply 

20 such information as the Attorney General may require in 

21 order to ascertain compliance with that section and the 

22 regulations and orders issued under that section.’’. 


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•S 4184 IS

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 ‘‘(ff) FAILURE TO REPORT LOSS OR THEFT OF

7 FIREARMS.—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 by the person who owns the 

11 qualifying firearm.’’. 

12 SEC. 304. FAILURE TO PROVIDE NOTICE OF CHANGE OF AD13 DRESS. 

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

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

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

17 ‘‘(gg) FAILURE TO PROVIDE NOTICE OF CHANGE OF

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

19 whom a firearm owner license has been issued under sec20 tion 923(m) to fail to report to the Attorney General a 

21 change in the address of that individual within 60 days 

22 of that 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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•S 4184 IS

1 ‘‘(hh) CHILD ACCESS PREVENTION.— 

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

4 not attained 18 years of age. 

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 one 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) to, the child or any 

22 other individual; or 

23 ‘‘(II) knows, or reasonably should 

24 know, that possession of the firearm 


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•S 4184 IS

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 indi6 vidual. 

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

8 apply if— 

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

10 the firearm was secured with a secure gun stor11 age or safety device; 

12 ‘‘(B) the person is a peace officer, a mem13 ber of the Armed Forces, or a member of the 

14 National Guard, and the child obtains the fire15 arm during, or incidental to, the performance of 

16 the official duties of the person in that capacity; 

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

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

19 persons; or 

20 ‘‘(D) the person has no reasonable expecta21 tion, based on objective facts and cir22 cumstances, that a child is likely to be present 

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


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•S 4184 IS

1 TITLE IV—ENFORCEMENT 

2 SEC. 401. CRIMINAL PENALTIES. 

3 (a) FAILURE TO POSSESS FIREARM OWNER LI4 CENSE; FAILURE TO COMPLY WITH DENIAL AND REV5 OCATION REQUIREMENTS; FAILURE TO COMPLY WITH

6 QUALIFYING FIREARM SALE OR TRANSFER REQUIRE7 MENTS; FAILURE TO MAINTAIN OR PERMIT INSPECTION

8 OF RECORDS.—Section 924(a) of title 18, United States 

9 Code, is amended by adding at the end the following: 

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

11 (bb), (cc), or (ee) of section 922 shall be fined under this 

12 title, imprisoned not more than 10 years, or both.’’. 

13 (b) FAILURE TO COMPLY WITH FIREARMS TRANS14 FER REQUIREMENTS; FAILURE TO TIMELY REPORT LOSS

15 OR THEFT OF A QUALIFYING FIREARM; FAILURE TO

16 PROVIDE NOTICE OF CHANGE OF ADDRESS.—Section 

17 924(a)(5) of title 18, United States Code, is amended by 

18 striking ‘‘(s) or (t)’’ and inserting ‘‘(t), (dd), (ff), or (gg)’’. 

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

20 title 18, United States Code, as amended by subsection 

21 (a) of this section, is amended by adding at the end the 

22 following: 

23 ‘‘(9) Whoever violates section 922(hh) shall be fined 

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

25 both.’’. 


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•S 4184 IS

1 SEC. 402. REGULATIONS. 

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

3 regulations governing the licensing of possessors of quali4 fying firearms and the recorded sale of qualifying fire5 arms, consistent with this Act and the amendments made 

6 by this Act, as the Attorney General determines to be rea7 sonably necessary to— 

8 (1) reduce or prevent deaths or injuries result9 ing from qualifying firearms; and 

10 (2) assist law enforcement in the apprehension 

11 of owners or users of qualifying firearms used in 

12 criminal activity. 

13 (b) MAXIMUM INTERVAL BETWEEN ISSUANCE OF

14 PROPOSED AND FINAL REGULATION.—Not later than 120 

15 days after the date on which the Attorney General issues 

16 a proposed regulation under subsection (a) with respect 

17 to a matter, the Attorney General shall issue a final regu18 lation with respect to the matter. 

19 SEC. 403. INSPECTIONS. 

20 In order to determine compliance with this Act, the 

21 amendments made by this Act, and the regulations and 

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

23 during regular business hours, enter any place in which 

24 firearms or firearm products are manufactured, stored, or 

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

26 where the products are manufactured, stored, or held. 


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•S 4184 IS

1 SEC. 404. ORDERS. 

2 The Attorney General may issue an order prohibiting 

3 the sale or transfer of any firearm that the Attorney Gen4 eral finds has been transferred or distributed in violation 

5 of this Act, an amendment made by this Act, or a regula6 tion issued under this Act. 

7 SEC. 405. INJUNCTIVE ENFORCEMENT. 

8 The Attorney General may bring an action to restrain 

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

10 Act in the district court of the United States for any dis11 trict in which— 

12 (1) the violation occurs; or 

13 (2) the defendant is found or transacts busi14 ness. 

15 TITLE V—FIREARM INJURY 

16 INFORMATION AND RESEARCH 

17 SEC. 501. DUTIES OF THE ATTORNEY GENERAL. 

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

19 (1) establish and maintain a firearm injury in20 formation clearinghouse to collect, investigate, ana21 lyze, and disseminate data and information relating 

22 to the causes and prevention of death and injury as23 sociated with firearms; 

24 (2) conduct continuing studies and investiga25 tions of firearm-related deaths and injuries; 


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1 (3) collect and maintain current production and 

2 sales figures for each licensed manufacturer; and 

3 (4) conduct a study on the efficacy of firearms 

4 that incorporate technology that prevents the use of 

5 those firearms by unauthorized users (commonly 

6 known as ‘‘smart guns’’), in the prevention of unin7 tended firearm deaths. 

8 (b) AVAILABILITY OF INFORMATION.—Periodically, 

9 but not less frequently than annually, the Attorney Gen10 eral shall submit to Congress and make available to the 

11 public a report on the activities and findings of the Attor12 ney General under subsection (a). 

13 TITLE VI—EFFECT ON STATE 

14 LAW 

15 SEC. 601. EFFECT ON STATE LAW. 

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

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

18 provision of the law of any State or political subdivision 

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

20 of that State from enacting any provision of law regulating 

21 or prohibiting conduct with respect to firearms, except to 

22 the extent that the provision of law is inconsistent with 

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

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


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

2 State law is not inconsistent with this Act or an amend3 ment made by this Act if the provision imposes a regula4 tion or prohibition of greater scope or a penalty of greater 

5 severity than a corresponding prohibition or penalty im6 posed by this Act or an amendment made by this Act. 

7 SEC. 602. CERTIFICATION OF STATE FIREARM LICENSING 

8 SYSTEMS AND STATE FIREARM RECORD OF 

9 SALE SYSTEMS. 

10 (a) IN GENERAL.—Chapter 44 of title 18, United 

11 States Code, as amended by section 202 of this Act, is 

12 amended by adding at the end the following: 

13 ‘‘§ 933. Certification of State firearm licensing sys14 tems and State firearm record of sale sys15 tems 

16 ‘‘Upon a written request of the chief executive officer 

17 of a State, the Attorney General may certify— 

18 ‘‘(1) a firearm licensing system established by 

19 a State, if State law requires the system to satisfy 

20 the requirements applicable to the Federal firearm 

21 licensing system established under section 923(m); 

22 and 

23 ‘‘(2) a firearm record of sale system established 

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

25 State agency that administers the system to submit 


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1 to the Federal firearm record of sale system estab2 lished under section 932(b) a copy of each report 

3 submitted to the head of the agency under section 

4 932(a)(1), not later than 7 days after receipt of the 

5 report.’’. 

6 (b) CLERICAL AMENDMENT.—The table of sections 

7 for chapter 44 of title 18, United States Code, as amended 

8 by section 202 of this Act, is amended by adding at the 

9 end the following: 

‘‘933. Certification of State firearm licensing systems and State firearm record 

of sale systems.’’. 

10 TITLE VII—RELATIONSHIP TO 

11 OTHER LAW 

12 SEC. 701. SUBORDINATION TO ARMS EXPORT CONTROL 

13 ACT. 

14 In the event of any conflict between any provision of 

15 this Act or an amendment made by this Act, and any pro16 vision of the Arms Export Control Act (22 U.S.C. 2751 

17 et seq.), the provision of the Arms Export Control Act 

18 shall control. 

19 TITLE VIII—INAPPLICABILITY 

20 SEC. 801. INAPPLICABILITY TO GOVERNMENTAL AUTHORI21 TIES. 

22 This Act and the amendments made by this Act shall 

23 not apply to any department or agency of the United 

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


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

2 such a department or agency. 

3 TITLE IX—EFFECTIVE DATES OF 

4 AMENDMENTS 

5 SEC. 901. EFFECTIVE DATES OF AMENDMENTS. 

6 (a) IN GENERAL.—Except as provided in subsections 

7 (b) and (c), the amendments made by this Act shall take 

8 effect 1 year after the date of enactment of this Act. 

9 (b) FIREARM RECORDS.—The amendments made by 

10 section 202 shall take effect on the date of enactment of 

11 this Act, except as otherwise provided in the amendments 

12 made by that section. 

13 (c) FIREARM TRANSACTIONS.—The amendments 

14 made by subsections (a) and (b) of section 301 shall take 

15 effect 180 days after the date of enactment of this Act. 

Æ 


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