I 
117TH CONGRESS 
1ST SESSION H. R. 4836 
To amend chapter 44 of title 18, United States Code, to require the safe 
storage of firearms, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 29, 2021 
Mr. MCEACHIN introduced the following bill; which was referred to the 
Committee on the Judiciary 
A BILL 
To amend chapter 44 of title 18, United States Code, to 
require the safe storage of firearms, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as ‘‘Firearm Owners Responsi-
bility and Safety Act’’. 
SEC. 2. SECURE GUN STORAGE OR SAFETY DEVICE. 
Section 922(z) of title 18, United States Code, is 
amended by adding at the end the following: 
‘‘(4) SECURE GUN STORAGE BY OWNERS.— 
‘‘(A) OFFENSE.— 
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‘‘(i) IN GENERAL.—It shall be unlaw-
ful for a person to keep, leave, or store any 
unsecured firearm that has moved in, or 
that has otherwise affected, interstate or 
foreign commerce, unless the person car-
ries the firearm on his or her person or 
within such close proximity thereto that 
the person can readily retrieve and use the 
firearm as if the person carried the firearm 
on his or her person. 
‘‘(ii) 
UNSECURED
FIREARM.—In 
clause (i), the term ‘unsecured firearm’ 
means a firearm that is not secured by a 
secure gun storage or safety device. 
‘‘(B) PRIVATE RIGHT OF ACTION.— 
‘‘(i) IN GENERAL.—An individual who 
is injured as a result of a violation of sub-
paragraph (A) (or, in the case of an indi-
vidual who has died as a result of such a 
violation, a member of the family of, or the 
estate of, the individual) may bring a civil 
action against the violator or any other 
person who, when the violation occurred, 
was in control of any premises on which 
the violation occurred if the violator knew 
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or should have known that there was an 
unsecured firearm on the premises, in a 
court of competent jurisdiction, for com-
pensatory and punitive damages, injunctive 
and declaratory relief, and such other relief 
as the court deems appropriate. 
‘‘(ii) JOINT
AND
SEVERAL
LIABIL-
ITY.—In an action described in clause (i), 
the liability of all defendants shall be joint 
and several. 
‘‘(iii) RULE
OF
INTERPRETATION.— 
For purposes of any determination of li-
ability covered by any contract of insur-
ance entered into after the date of the en-
actment of this subparagraph, a violation 
of subparagraph (A) shall not solely be 
considered an intentional action. 
‘‘(iv) NO EFFECT ON STATE LAW.— 
This subparagraph shall not be interpreted 
to preempt, supplant, or displace any claim 
brought under State statutory law or com-
mon law.’’. 
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SEC. 3. FIREARM SAFE STORAGE PROGRAM. 
Title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (34 U.S.C. 10101 et seq.) is amended 
by adding at the end the following: 
‘‘PART OO—FIREARM SAFE STORAGE PROGRAM 
‘‘SEC. 3051. FIREARM SAFE STORAGE PROGRAM. 
‘‘(a) IN GENERAL.—The Assistant Attorney General 
shall make grants to an eligible State or Indian Tribe to 
assist the State or Indian Tribe in carrying out the provi-
sions of any State or Tribal law that is functionally iden-
tical to section 922(z)(4) of title 18, United States Code. 
‘‘(b) ELIGIBLE STATE OR INDIAN TRIBE.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), a State or Indian Tribe shall be eligible 
to receive grants under this section on and after the 
date on which the State or Indian Tribe— 
‘‘(A) enacts legislation functionally iden-
tical to section 922(z)(4) of title 18, United 
States Code; and 
‘‘(B) the attorney general of the State (or 
comparable Tribal official) submits a written 
certification to the Assistant Attorney General 
stating that the law of the State or Indian 
Tribe is consistent with the requirements under 
section 922(z)(4)(D) of such title 18. 
‘‘(2) FIRST YEAR ELIGIBILITY EXCEPTION.— 
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‘‘(d) APPLICATION.—An eligible State or Indian 
Tribe desiring a grant under this section shall submit to 
the Assistant Attorney General an application at such 
time, in such manner, and containing or accompanied by 
such information, as the Assistant Attorney General may 
reasonably require. 
‘‘(e) INCENTIVES.—For each of fiscal years 2019 
through 2023, the Attorney General shall give affirmative 
preference to all Bureau of Justice Assistance discre-
tionary grant applications of a State or Indian Tribe that 
has enacted legislation— 
‘‘(1) functionally identical to section 922(z)(4) 
of title 18, United States Code; and 
‘‘(2) for which the attorney general of the State 
(or comparable Tribal official) submits a written cer-
tification to the Assistant Attorney General stating 
that the law of the State or Indian Tribe is con-
sistent 
with 
the 
requirements 
under 
section 
922(z)(4)(D) of such title 18.’’. 
SEC. 4. REPEAL OF CERTAIN PROVISIONS OF THE PROTEC-
TION OF LAWFUL COMMERCE IN ARMS ACT. 
Sections 2 through 4 of the Protection of Lawful 
Commerce in Arms Act (15 U.S.C. 7901–7903) are re-
pealed. 
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SEC. 5. DISCOVERY AND ADMISSIBILITY OF GUN TRACE IN-
FORMATION IN CIVIL PROCEEDINGS. 
The contents of the Firearms Trace System database 
maintained by the National Trace Center of the Bureau 
of Alcohol, Tobacco, Firearms and Explosives shall not be 
immune from legal process, shall be subject to subpoena 
or other discovery, shall be admissible as evidence, and 
may be used, relied on, or disclosed in any manner, and 
testimony or other evidence may be permitted based on 
the data, on the same basis as other information, in a civil 
action in any State (including the District of Columbia) 
or Federal court or in an administrative proceeding. 
SEC. 6. REPORT ON IMPLEMENTATION. 
Not later than 2 years after the date of enactment 
of this Act, and annually thereafter, the Attorney General 
shall submit a report to Congress on the implementation 
of this Act and the amendments made by this Act, includ-
ing a disaggregation of the application of such amend-
ments to individuals by sex, race, age, ethnicity, national 
origin, and English language proficiency. 
SEC. 7. SEVERABILITY. 
If any provision of this Act, or an amendment made 
by this Act, or the application of such provision to any 
person or circumstance, is held to be invalid, the remain-
der of this Act, or an amendment made by this Act, or 
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the application of such provision to other persons or cir-
cumstances, shall not be affected. 
Æ 
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