II 

113TH CONGRESS 

2D SESSION S. 2068 

To provide for the development and use of technology for personalized handguns, to require that, within 3 years, all handguns manufactured or 

sold in, or imported into, the United States incorporate such technology, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 27, 2014 

Mr. MARKEY (for himself and Ms. WARREN) introduced the following bill; 

which was read twice and referred to the Committee on Commerce, 

Science, and Transportation 

A BILL 

To provide for the development and use of technology for 

personalized handguns, to require that, within 3 years, 

all handguns manufactured or sold in, or imported into, 

the United States incorporate such technology, 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 ‘‘Handgun Trigger 

5 Safety Act of 2014’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds as follows: 


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1 (1) It is in the interest of the United States to 

2 protect its citizens from handgun violence and acci3 dental firearm deaths. 

4 (2) Personalizing handguns would prevent un5 authorized users, whether children, criminals, or oth6 ers, from misusing the weapons. 

7 (3) Personalizing handguns would allow author8 ized users to continue to lawfully own and use their 

9 handguns more safely. 

10 (4) In 2011, according to the Centers for Dis11 ease Control, there were 851 accidental firearm 

12 deaths. 

13 (5) In 2010, according to the Centers for Dis14 ease Control, 62 people under the age of 15 were 

15 killed accidentally with firearms. 

16 (6) According to the National Crime Victimiza17 tion Survey, almost 350,000 incidents of firearm 

18 theft from private citizens occur each year. 

19 (7) According to the Federal Bureau of Inves20 tigation, 45 law enforcement officers were killed with 

21 their own firearm between 2002 and 2011. 

22 (8) According to the Federal Bureau of Inves23 tigation, almost half of all murders in the United 

24 States in 2011 were committed with handguns. 


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1 TITLE I—TECHNOLOGY FOR 

2 PERSONALIZED HANDGUNS 

3 GRANTS 

4 SEC. 101. DEFINITIONS. 

5 In this title: 

6 (1) HANDGUN.—The term ‘‘handgun’’ has the 

7 meaning given the term in section 921(a)(29) of title 

8 18, United States Code. 

9 (2) PERSONALIZED HANDGUN.—The term ‘‘per10 sonalized handgun’’ means a handgun that— 

11 (A) enables only an authorized user of the 

12 handgun to fire the handgun; and 

13 (B) was manufactured in such a manner 

14 that the firing restriction described in subpara15 graph (A)— 

16 (i) is incorporated into the design of 

17 the handgun; 

18 (ii) is not sold as an accessory; and 

19 (iii) cannot be readily removed or de20 activated. 

21 (3) QUALIFIED ENTITY.—The term ‘‘qualified 

22 entity’’ means— 

23 (A) a State or unit of local government; 

24 (B) a nonprofit or for-profit organization; 

25 or 


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1 (C) an institution of higher education (as 

2 defined in section 101 of the Higher Education 

3 Act of 1965 (20 U.S.C. 1001)). 

4 (4) RETROFITTED PERSONALIZED HANDGUN.— 

5 The term ‘‘retrofitted personalized handgun’’ means 

6 a handgun fitted with a device that— 

7 (A) enables only an authorized user of the 

8 handgun to fire the handgun; and 

9 (B) cannot be readily removed or deacti10 vated. 

11 SEC. 102. AUTHORIZATION. 

12 The Attorney General, acting through the Director 

13 of the National Institute of Justice (referred to in this 

14 title as the ‘‘Director’’), shall make grants to qualified en15 tities to develop technology for personalized handguns. 

16 SEC. 103. APPLICATIONS. 

17 A qualified entity seeking a grant under this title 

18 shall submit to the Director an application at such time, 

19 in such manner, and containing such information as the 

20 Director may reasonably require. 

21 SEC. 104. USES OF FUNDS. 

22 A qualified entity that receives a grant under this 

23 title— 


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1 (1) shall use not less than 70 percent of the 

2 amount of the grant to develop technology for per3 sonalized handguns; 

4 (2) may use not more than 20 percent of the 

5 amount of the grant to develop technology for retro6 fitted personalized handguns; and 

7 (3) may use not more than 10 percent of the 

8 amount of the grant for administrative costs associ9 ated with the development of technology funded 

10 under this title. 

11 SEC. 105. TERM; RENEWAL. 

12 (a) TERM.—A grant awarded under this title shall 

13 be for a term of 1 year. 

14 (b) RENEWAL.—A qualified entity receiving a grant 

15 under this title may renew the grant by submitting to the 

16 Director an application for renewal at such time, in such 

17 manner, and containing such information as the Director 

18 may reasonably require. 

19 SEC. 106. REPORTS. 

20 (a) REPORTS TO DIRECTOR.—A qualified entity re21 ceiving a grant under this title shall submit to the Director 

22 such reports, at such time, in such manner, and con23 taining such information as the Director may reasonably 

24 require. 


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1 (b) REPORTS TO CONGRESS.—Each year, the Direc2 tor shall submit to Congress a report that contains a sum3 mary of the information submitted to the Director under 

4 subsection (a) during the previous year. 

5 SEC. 107. REGULATIONS. 

6 The Director may promulgate such guidelines, rules, 

7 regulations, and procedures as may be necessary to carry 

8 out this title. 

9 SEC. 108. AUTHORIZATION OF APPROPRIATIONS. 

10 There is authorized to be appropriated to carry out 

11 this title $2,000,000 for each of fiscal years 2015 and 

12 2016. 

13 TITLE II—CONSUMER PRODUCT 

14 SAFETY COMMISSION SAFETY 

15 STANDARD 

16 SEC. 201. DEFINITIONS. 

17 In this title: 

18 (1) ANTIQUE FIREARM; FIREARM; HANDGUN.— 

19 The terms ‘‘antique firearm’’, ‘‘firearm’’, and ‘‘hand20 gun’’ have the meaning given those terms in section 

21 921 of title 18, United States Code. 

22 (2) AUTHORIZED USER.—The term ‘‘authorized 

23 user’’, with respect to a firearm, means— 

24 (A) the lawful owner of the firearm; and 

25 (B) any individual who is— 


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1 (i) authorized by the lawful owner of 

2 the firearm to use the firearm; and 

3 (ii) authorized, under the law of the 

4 State where the firearm is being used, to 

5 own, carry, or use a firearm in the State. 

6 (3) COMMISSION.—The term ‘‘Commission’’ 

7 means the Consumer Product Safety Commission 

8 (4) CONSUMER PRODUCT SAFETY RULE.—The 

9 term ‘‘consumer product safety rule’’ has the mean10 ing given such term in section 3(a) of the Consumer 

11 Product Safety Act (15 U.S.C. 2052(a)). 

12 (5) MANUFACTURED AND MANUFACTURER.— 

13 The terms ‘‘manufactured’’ and ‘‘manufacturer’’ 

14 have the meaning given such terms in section 3(a) 

15 of the Consumer Product Safety Act (15 U.S.C. 

16 2052(a)). 

17 (6) PERSONALIZED HANDGUN.—The term ‘‘per18 sonalized handgun’’ means a handgun that— 

19 (A) enables only an authorized user of a 

20 handgun to fire the handgun; and 

21 (B) is manufactured in such a manner 

22 that the firing restriction described in subpara23 graph (A)— 

24 (i) is incorporated into the design of 

25 the handgun; and 


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1 (ii) cannot be readily removed or de2 activated. 

3 (7) RETROFITTED PERSONALIZED HANDGUN.— 

4 The term ‘‘retrofitted personalized handgun’’ means 

5 a handgun fitted with a device that— 

6 (A) enables only an authorized user of a 

7 handgun to fire the handgun; and 

8 (B) attaches to the handgun in a manner 

9 such that the device cannot be readily removed 

10 or deactivated. 

11 (8) STATE AND UNITED STATES.—The terms 

12 ‘‘State’’ and ‘‘United States’’ have the meaning 

13 given such terms in section 3(a) of the Consumer 

14 Product Safety Act (15 U.S.C. 2052(a)). 

15 (9) TO DISTRIBUTE IN COMMERCE AND DIS16 TRIBUTION IN COMMERCE.—The terms ‘‘to dis17 tribute in commerce’’ and ‘‘distribution in com18 merce’’ have the meaning given such terms in sec19 tion 3(a) of the Consumer Product Safety Act (15 

20 U.S.C. 2052(a)). 

21 SEC. 202. PROHIBITION ON MANUFACTURING AND DIS22 TRIBUTION OF HANDGUNS THAT ARE NOT 

23 PERSONALIZED HANDGUNS. 

24 (a) PROHIBITION.— 


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1 (1) MANUFACTURING.—Beginning on the date 

2 that is 2 years after the date of enactment of this 

3 Act, no person may manufacture in the United 

4 States a handgun that is not a personalized hand5 gun. 

6 (2) DISTRIBUTION IN COMMERCE.—Beginning 

7 on the date that is 3 years after the date of enact8 ment of this Act, no person may distribute in com9 merce any handgun that is not a personalized hand10 gun or a retrofitted personalized handgun. 

11 (3) EXEMPTIONS FOR ANTIQUE FIREARMS AND

12 MILITARY FIREARMS.—Paragraphs (1) and (2) shall 

13 not apply to— 

14 (A) an antique firearm; 

15 (B) the manufacture of a firearm that is 

16 sold to the Department of Defense; or 

17 (C) the sale or distribution of a firearm to 

18 the Department of Defense. 

19 (b) ENFORCEMENT BY CONSUMER PRODUCT SAFETY

20 COMMISSION.— 

21 (1) TREATMENT OF VIOLATION.—Notwith22 standing section 3(a)(5)(E) of the Consumer Prod23 uct Safety Act (15 U.S.C. 2052(a)(5)(E)), a viola24 tion of subsection (a) or any rule promulgated by 

25 the Commission pursuant to paragraph (4) shall be 


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1 treated as a violation of section 19(a)(1) of the Con2 sumer Product Safety Act (15 U.S.C. 2068(a)(1)). 

3 (2) TREATMENT AS CONSUMER PRODUCT SAFE4 TY STANDARDS.—Notwithstanding section 

5 3(a)(5)(E) of the Consumer Product Safety Act (15 

6 U.S.C. 2052(a)(5)(E)), subsection (a) and any rule 

7 promulgated pursuant to paragraph (4) shall be con8 sidered consumer product safety rules. 

9 (3) POWERS OF COMMISSION.— 

10 (A) IN GENERAL.—The Commission shall 

11 enforce this section in the same manner, by the 

12 same means, and with the same jurisdiction, 

13 powers, and duties as though all applicable 

14 terms and provisions of the Consumer Product 

15 Safety Act (15 U.S.C. 2051 et seq.) were incor16 porated into and made a part of this section. 

17 (B) PRIVILEGES AND IMMUNITIES.—Any 

18 person who violates this section shall be subject 

19 to the penalties and entitled to the privileges 

20 and immunities provided in the Consumer 

21 Product Safety Act (15 U.S.C. 2051 et seq.). 

22 (4) REGULATIONS.—The Commission, in con23 sultation with the Attorney General and the Director 

24 of the National Institute of Justice, may promulgate 


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1 such rules as the Commission considers appropriate 

2 to carry out this section. 

3 (c) ENFORCEMENT BY STATES.—If an attorney gen4 eral, other official, or agency of a State has reason to be5 lieve that an interest of the residents of the State has been 

6 or is threatened or adversely affected by a person who vio7 lates subsection (a), the attorney general, official, or agen8 cy may bring a civil action on behalf of the residents of 

9 the State against the person in an appropriate district 

10 court of the United States to enjoin any further such viola11 tion and for other relief as may be appropriate. 

12 (d) COST OF RETROFITTING.— 

13 (1) COST BORNE BY MANUFACTURERS.—Upon 

14 the request of the owner of a handgun that was 

15 manufactured in the United States and that is not 

16 a personalized handgun or retrofitted personalized 

17 handgun, the manufacturer of the handgun— 

18 (A) shall— 

19 (i) retrofit the handgun so that the 

20 handgun is a retrofitted personalized hand21 gun; and 

22 (ii) return the handgun to the owner 

23 within a reasonable period of time; and 

24 (B) may not request compensation for the 

25 retrofit from the owner. 


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1 (2) RULEMAKING.—Not later than 1 year after 

2 the date of enactment of this Act, the Commission, 

3 in consultation with the Attorney General and the 

4 Director of the National Institute of Justice, shall 

5 by regulation establish the maximum period of time 

6 within which a manufacturer that receives a request 

7 from the owner of a handgun under paragraph (1) 

8 shall retrofit and return the handgun to the owner. 

9 (3) REIMBURSEMENT FROM DEPARTMENT OF

10 JUSTICE ASSETS FORFEITURE FUND.—Section 

11 524(c) of title 28, United States Code, is amended— 

12 (A) in subparagraph (H), by striking 

13 ‘‘and’’ at the end; 

14 (B) in subparagraph (I), by striking the 

15 period at the end and inserting ‘‘; and’’; and 

16 (C) by inserting after subparagraph (I) the 

17 following: 

18 ‘‘(J) payments to reimburse manufacturers of 

19 handguns for the costs of retrofitting handguns to 

20 comply with the requirement under section 

21 202(d)(1) of the Handgun Trigger Safety Act of 

22 2014.’’. 

23 (e) RELATION TO STATE LAW.—Nothing in this sec24 tion or the Consumer Product Safety Act (15 U.S.C. 2051 

25 et seq.) shall be construed to preempt or otherwise affect 


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1 any State requirement with respect to any handgun not 

2 specifically regulated in a consumer product safety stand3 ard under the Consumer Product Safety Act. 

4 TITLE III—EXEMPTION FROM 

5 THE PROTECTION OF LAW6 FUL COMMERCE IN ARMS ACT 

7 SEC. 301. EXEMPTIONS FROM THE PROTECTION OF LAW8 FUL COMMERCE IN ARMS ACT. 

9 Section 4 of the Protection of Lawful Commerce in 

10 Arms Act (15 U.S.C. 7903) is amended— 

11 (1) in paragraph (4)— 

12 (A) by striking ‘‘The term ‘qualified prod13 uct’ means’’ and inserting the following: ‘‘The 

14 term ‘qualified product’— 

15 ‘‘(i) except as provided in clause (ii), 

16 means’’; 

17 (B) by striking the period at the end and 

18 inserting ‘‘; and’’; and 

19 (C) by adding at the end the following: 

20 ‘‘(ii) does not include a handgun 

21 that— 

22 ‘‘(I) is manufactured on or after 

23 the date that is 2 years after the date 

24 of enactment of the Handgun Trigger 

25 Safety Act of 2014; and 


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1 ‘‘(II) is not a— 

2 ‘‘(aa) personalized handgun; 

3 or 

4 ‘‘(bb) retrofitted personal5 ized handgun.’’; and 

6 (2) by adding at the end the following: 

7 ‘‘(10) AUTHORIZED USER.—The term ‘author8 ized user’, with respect to a handgun, means— 

9 ‘‘(A) the lawful owner of the firearm; and 

10 ‘‘(B) any individual who is— 

11 ‘‘(i) authorized by the lawful owner of 

12 the firearm to use the firearm; and 

13 ‘‘(ii) authorized, under the law of the 

14 State where the firearm is being used, to 

15 own, carry, or use a firearm in the State. 

16 ‘‘(11) HANDGUN.—The term ‘handgun’ has the 

17 meaning given the term in section 921(a)(29) of title 

18 18, United States Code. 

19 ‘‘(12) PERSONALIZED HANDGUN.—The term 

20 ‘personalized handgun’ means a handgun that— 

21 ‘‘(A) enables only an authorized user of the 

22 handgun to fire the handgun; and 

23 ‘‘(B) is manufactured in such a manner 

24 that the firing restriction described in subpara25 graph (A)— 


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1 ‘‘(i) is incorporated into the design of 

2 the handgun; and 

3 ‘‘(ii) cannot be readily removed or de4 activated. 

5 ‘‘(13) RETROFITTED PERSONALIZED HAND6 GUN.—The term ‘retrofitted personalized handgun’ 

7 means a handgun fitted with a device that— 

8 ‘‘(A) enables only an authorized user of the 

9 handgun to fire the handgun; and 

10 ‘‘(B) attaches to the handgun in a manner 

11 such that the device cannot be readily removed 

12 or deactivated.’’. 

Æ 


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