Shall Not Be Infringed Act of 2023

Subjects: Crime and Law Enforcement, Appropriations, Centers for Disease Control and Prevention (CDC), Criminal justice information and records, Criminal procedure and sentencing, Department of Education, Department of Health and Human Services, Department of Justice, Domestic violence and child abuse, Education programs funding, Executive agency funding and structure, Firearms and explosives, Government employee pay, benefits, personnel management, Licensing and registrations, Medical research, National Institutes of Health (NIH)


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3212 Introduced in House (IH)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                H. R. 3212

 To repeal each gun control measure enacted by the 117th Congress, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 11, 2023

  Mrs. Boebert (for herself, Mrs. Miller of Illinois, Mr. Nehls, Mr. 
 Norman, Mr. Ogles, Mr. Donalds, Mr. Gosar, Mr. Duncan, Mr. Davidson, 
   Mrs. Harshbarger, Mr. Brecheen, Mr. Bishop of North Carolina, Mr. 
Rosendale, and Mr. Weber of Texas) introduced the following bill; which 
was referred to the Committee on the Judiciary, and in addition to the 
 Committees on Education and the Workforce, Armed Services, Veterans' 
 Affairs, Energy and Commerce, and Appropriations, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
 To repeal each gun control measure enacted by the 117th Congress, 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.

    (a) Short Title.--This Act may be cited as the ``Shall Not Be 
Infringed Act of 2023''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title.
Sec. 2. Repealing gun control appropriations for fiscal year 2023 and 
                            other provisions.
Sec. 3. Repeal of the unconstitutional compromise by Senators Cornyn 
                            and Murphy.
Sec. 4. Repeal of the NICS Denial Notification Act of 2022.
Sec. 5. Repeal of special assistant U.S. Attorneys and cross-deputized 
                            attorneys enforcing Federal gun control 
                            laws.
Sec. 6. Repeal of unconstitutional pilot program on safe storage of 
                            personally owned firearms.

SEC. 2. REPEALING GUN CONTROL APPROPRIATIONS FOR FISCAL YEAR 2023 AND 
              OTHER PROVISIONS.

    (a) Eliminating ATF Budget Increase.--Of the unobligated balances 
of the amounts made available under the heading ``salaries and 
expenses'' under the heading ``Bureau of Alcohol, Tobacco, Firearms and 
Explosives'' under title II of division B of Public Law 117-328, 
$140,929,000 is rescinded.
    (b) Preventing Gun Registry Expansion.--No funds made available to 
the Bureau of Alcohol, Tobacco, Firearms and Explosives under Public 
Law 117-328, or any other Act, may be used to consolidate firearms 
tracing applications through an eTrace modernization effort with 
enhanced data sharing capabilities.
    (c) Protecting Veterans From Gun Confiscation.--No Federal funds, 
including amounts made available for medical centers of the Department 
of Veterans Affairs, may be used on programs or protocols on firearm 
safety and storage or gun confiscation laws (also known as ``extreme 
risk protection'' orders and ``red flag'' laws) or similar gun safety 
laws including by collaboration with State or local law enforcement or 
health officials of any State.
    (d) Protecting Veterans Access to Firearms.--No Federal funds, 
including amounts made available for the Department of Veterans 
Affairs, may used to evaluate or implement a firearm storage program 
for firearms, including any program under which individuals will be 
asked how they store their firearms.
    (e) Preventing the Department of Education From Violating the 
Privacy of Gun Owning Parents.--The Department of Education shall cease 
any program related to secure firearm storage, including any efforts by 
the Department of Education to offer support to Federal agencies that 
are leading efforts relating to secure household firearm storage.
    (f) Preventing HHS From Implementing Gun Confiscation Policies or 
Promoting Reduced Access to the Second Amendment.--The Secretary of 
Health and Human Services--
            (1) shall immediately cease carrying out any program 
        relating to access to firearms, including any program carried 
        out by the Substance Abuse and Mental Health Services 
        Administration that limits, or promotes limited access to, 
        firearms; and
            (2) shall not establish, promote, maintain, or receive gun 
        storage maps for any purpose, such as to facilitate out-of-home 
        firearm storage or encourage the creation or use of gun 
        confiscation laws, also known as ``red flag'' orders or 
        ``extreme risk'' laws.
    (g) Reducing ATF Benefits.--Section 3201 of the Crime Control Act 
of 1990 (28 U.S.C. 509 note) is amended--
            (1) by striking ``the Federal Prison System, the Bureau of 
        Alcohol, Tobacco, Firearms and Explosives, or the United States 
        Marshals Service'' and inserting ``or the Immigration and 
        Naturalization Service''; and
            (2) by striking ``$50,000'' and inserting ``$25,000''.
    (h) Rescission of Unused Gun Control Earmark Funding.--Of the 
amounts made available under paragraph (1)(Q) of the matter under the 
heading ``office of justice programs'' under the heading ``Office of 
Justice Programs'' under title II of division B of the Consolidated 
Appropriations Act, 2023 (Public Law 117-328), the unobligated balances 
of the amounts made available for the following, as described in House 
Report 117-395 or the document of the Committee on Appropriations of 
the Senate entitled ``Commerce, Justice, Science and Related Agencies 
[Community Project Spending/Congressionally Directed Spending]'' and 
dated December 19, 2022, are rescinded:
            (1) $1,200,000 to Shaphat Outreach for a project entitled 
        ``No Shots Fired''.
            (2) $120,000 to Full Gospel Christian Assemblies 
        International for a project entitled ``Orchid Healing Circles 
        for Victims of Gun Violence''.
            (3) $750,000 to the Lake County State's Attorney for the 
        project entitled ``Lake County Gun Violence Prevention 
        Initiative''.
            (4) $4,600,000 to the City of Hampton for a project 
        entitled ``Hampton Gun Violence Intervention Program''.
            (5) $760,000 to the City of Newport News for a project 
        entitled ``Gun Violence and Violent Crime Reduction 
        Initiative''.
            (6) $67,000 to Congregations Organized for a New 
        Connecticut for a project entitled ``Fostering Greater Gun 
        Safety in the New Haven Area''.
            (7) $237,000 to the Regional Youth Adult and Social Action 
        Partnership for a project entitled ``Bridgeport Gun Violence 
        Prevention''.
            (8) $350,000 to the City of Chicago for a project entitled 
        ``Assistance to Chicagoans Who Become Disabled As a Result of 
        Gun and Community Violence''.
            (9) $1,000,000 to the Providence Police Department for a 
        project entitled ``Crime and Gun Violence Reduction 
        Initiative''.
            (10) $830,000 to the City of Vallejo for a project entitled 
        ``The Vallejo Gun Violence Prevention Initiative''.
            (11) $1,000,000 to University of New Haven for a project 
        entitled ``Community-Based Gun Violence Reduction Project at 
        the University of New Haven''.
    (i) Preventing Anti-Gun Activism by CDC and NIH.--
            (1) In general.--The Director of the Centers for Disease 
        Control and Prevention and the Director of the National 
        Institutes of Health shall not fund or carry out any research 
        relating to firearm injury or mortality prevention that treats 
        crime as a public health epidemic, including advocating, 
        promoting, or studying firearm-related restrictions or 
        policies; firearm disenfranchisement, bans, confiscation, or 
        registration, or other gun control measures; and any other 
        restriction on firearms or other self defense tools.
            (2) Protection for non-political research.--The Director of 
        the Centers for Disease Control and Prevention and the Director 
        of the National Institutes of Health may carry out research on 
        medical procedures, practices, treatments, medicines, and 
        therapies related to firearm injuries and recovery.
    (j) Gun Rights Are Women's Rights.--
            (1) In general.--The Director of the Office on Violence 
        Against Women may not carry out an initiative to reduce the 
        lethality of firearms.
            (2) Second amendment exercise.--This subsection shall not 
        be construed to prevent the encouragement and training of women 
        to exercise the right to self defense protected under the 
        Second Amendment to the Constitution of the United States.
    (k) Preventing Misuse of Community Violence Intervention 
Initiatives.--Amounts appropriated under Federal law may not be used 
for community violence intervention and prevention in a manner that 
results in the denial, without due process, of the exercise of the 
right of an individual under the Second Amendment to the Constitution 
of the United States.
    (l) Preventing the Targeting of Patriots as Domestic Violent 
Extremists.--
            (1) In general.--Amounts appropriated under Federal law may 
        not be used to investigate a citizen of the United States or an 
        organization based solely on--
                    (A) patriotism;
                    (B) the belief that gun control is unconstitutional 
                or a violation of the Second Amendment to the 
                Constitution of the United States; or
                    (C) reference to, affiliation with, or promotion 
                of--
                            (i) the Revolutionary War; or
                            (ii) founding era ideology, imagery, 
                        symbols, or quotes, including--
                                    (I) the Gadsden flag;
                                    (II) the Liberty Tree;
                                    (III) the Betsy Ross flag;
                                    (IV) Minutemen; or
                                    (V) the Second Amendment to the 
                                Constitution of the United States.
            (2) Rule of construction.--This subsection shall not be 
        construed to prevent the education of lawmakers and employees 
        or agents of a Federal, State or local governmental agency 
        about the text and history of the Second Amendment to the 
        Constitution of the United States.

SEC. 3. REPEAL OF THE UNCONSTITUTIONAL COMPROMISE BY SENATORS CORNYN 
              AND MURPHY.

    (a) Section 12001 of the Bipartisan Safer Communities Act.--
            (1) United states code.--Section 922 of title 18, United 
        States Code, is amended--
                    (A) in subsection (d)--
                            (i) in the matter preceding paragraph (1), 
                        by striking ``, including as a juvenile''; and
                            (ii) in paragraph (4), by striking ``at 16 
                        years of age or older''; and
                    (B) in subsection (t)--
                            (i) in paragraph (1)--
                                    (I) in subparagraph (B)(ii)--
                                            (aa) by striking ``subject 
                                        to subparagraph (C)''; and
                                            (bb) by adding ``and'' at 
                                        the end;
                                    (II) by striking subparagraph (C); 
                                and
                                    (III) by redesignating subparagraph 
                                (D) as subparagraph (C);
                            (ii) in paragraph (2)--
                                    (I) by striking ``transfer or''; 
                                and
                                    (II) by striking ``(d), (g), or (n) 
                                (as applicable)'' and inserting ``(g) 
                                or (n)'';
                            (iii) in paragraph (4)--
                                    (I) by striking ``transfer of a 
                                firearm to or''; and
                                    (II) by striking ``(d), (g), or (n) 
                                (as applicable)'' and inserting ``(g) 
                                or (n)''; and
                            (iv) in paragraph (5)--
                                    (I) by striking ``transfer of a 
                                firearm to or''; and
                                    (II) by striking ``(d), (g), or (n) 
                                (as applicable)'' and inserting ``(g) 
                                or (n)''.
            (2) NICS requirements.--
                    (A) Brady handgun violence prevention act.--Section 
                103 of the Brady Handgun Violence Prevention Act (34 
                U.S.C. 40901) is amended by striking subsection (l).
                    (B) Report on removing outdated, expired, or 
                erroneous records.--Section 12001(b) of the Bipartisan 
                Safer Communities Act (34 U.S.C. 40910 note; Public Law 
                117-159) is repealed.
    (b) Section 12002 of the Bipartisan Safer Communities Act.--Section 
921(a) of title 18, United States Code, is amended--
            (1) in paragraph (21)(C), by striking ``to predominantly 
        earn a profit'' and inserting ``with the principal objective of 
        livelihood and profit'';
            (2) by striking paragraph (22); and
            (3) by redesignating paragraphs (23) through (30) as 
        paragraphs (22) through (29), respectively.
    (c) Section 12003 of the Bipartisan Safer Communities Act.--
            (1) Byrne jag program.--Section 501(a)(1) of title I of the 
        Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 
        10152(a)(1)) is amended--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``or civil proceedings''; and
                    (B) by striking subparagraph (I).
            (2) Annual report on crisis intervention programs.--Section 
        501 of title I of the Omnibus Crime Control and Safe Streets 
        Act of 1968 (34 U.S.C. 10152) is amended by striking subsection 
        (h).
    (d) Section 12005 of the Bipartisan Safer Communities Act.--
            (1) Defining ``dating relationship''.--Section 921(a) of 
        title 18, United States Code, is amended--
                    (A) in paragraph (33)(A)(ii)--
                            (i) by striking ``by a person similarly'' 
                        and inserting ``or by a person similarly''; and
                            (ii) by striking ``, or by a person who has 
                        a current or recent former dating relationship 
                        with the victim''; and
                    (B) by striking paragraph (37).
            (2) Eliminating unconstitutional prohibited person 
        category.--Not later than 30 days after the date of enactment 
        of this Act, the Attorney General shall--
                    (A) remove each name added to the national instant 
                criminal background check system established under 
                section 103 of the Brady Handgun Violence Prevention 
                Act (34 U.S.C. 40901) between June 25, 2022, and the 
                date of enactment of this Act as a result of the 
                amendments made under section 12005(a) of the 
                Bipartisan Safer Communities Act (Public Law 117-159; 
                136 Stat. 1332); and
                    (B) certify to Congress that the Attorney General 
                has made the removal required under subparagraph (A).
            (3) Limitations on convictions of crimes of domestic 
        violence with respect to dating relationships.--Section 
        921(a)(33) of title 18, United States Code, is amended--
                    (A) in subparagraph (A), in the matter preceding 
                clause (i), by striking ``subparagraphs (B) and (C)'' 
                and inserting ``subparagraph (C)''; and
                    (B) by striking subparagraph (C).
    (e) Section 13401 of the Bipartisan Safer Communities Act.--Section 
8526 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
7906) is amended--
            (1) in paragraph (5), by inserting ``or'' at the end;
            (2) in paragraph (6), by striking ``; or'' at the end and 
        inserting a period; and
            (3) by striking paragraph (7).

SEC. 4. REPEAL OF THE NICS DENIAL NOTIFICATION ACT OF 2022.

            (1) United states code.--Title 18, United States Code, is 
        amended--
                    (A) in section 921(a), by striking paragraph (36); 
                and
                    (B) in Chapter 44--
                            (i) by striking section 925B; and
                            (ii) by striking section 925C.
            (2) Clerical amendments.--The table of sections for chapter 
        44 of title 18, United States Code, is amended--
                    (A) by striking the item related to section 925B; 
                and
                    (B) by striking the item related to section 925C.

SEC. 5. REPEAL OF SPECIAL ASSISTANT U.S. ATTORNEYS AND CROSS-DEPUTIZED 
              ATTORNEYS ENFORCING FEDERAL GUN CONTROL LAWS.

    (a) In General.--Chapter 44 of title 18, United States Code, is 
amended by striking section 925D.
    (b) Clerical Amendment.--The table of sections for chapter 44 of 
title 18, United States Code, is amended by striking the item relating 
to section 925D.

SEC. 6. REPEAL OF UNCONSTITUTIONAL PILOT PROGRAM ON SAFE STORAGE OF 
              PERSONALLY OWNED FIREARMS.

     Section 595 of the James M. Inhofe National Defense Authorization 
Act for Fiscal Year 2023 (Public Law 117-263) is repealed.
                                 &lt;all&gt;
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