Federal Firearm Licensing Act
Bill: S.4263 | Sponsor: Sen. Booker, Cory A. (D-NJ)
Policy area: Crime and Law Enforcement

Summary:
Federal Firearm Licensing Act
This bill establishes a federal firearm licensing program through which an individual must obtain a federal firearm license from the Department of Justice prior to purchasing or receiving a firearm. To be eligible for such a license, the individual must have completed training in firearms safety and be subject to a background investigation and criminal history check.

To amend title 18, United States Code, to require licenses to acquire 
              or receive firearms, 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.

    This Act may be cited as the ``Federal Firearm Licensing Act''.

SEC. 2. LICENSE FOR THE PURCHASE OF FIREARMS.

    (a) In General.--Chapter 44 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 932. License for the acquisition or receipt of firearms
    ``(a) In General.--Except as provided in subsection (d), it shall 
be unlawful for any individual to purchase or receive a firearm unless 
the individual has a valid Federal firearm license.
    ``(b) Establishment of Federal License To Purchase or Receive 
Firearms.--
            ``(1) In general.--The Attorney General shall establish a 
        Federal system for issuing a Federal firearm license to 
        eligible individuals for firearms transferred to such 
        individual.
            ``(2) Requirements.--The system established under paragraph 
        (1) shall require that--
                    ``(A) an individual shall be eligible to receive 
                such a license if the individual--
                            ``(i) has completed training in firearms 
                        safety, including--
                                    ``(I) a written test, to 
                                demonstrate knowledge of applicable 
                                firearms laws; and
                                    ``(II) hands-on testing, including 
                                firing testing, to demonstrate safe use 
                                and sufficient accuracy of a firearm; 
                                and
                            ``(ii) as part of the process for applying 
                        for such a license--
                                    ``(I) has submitted to a background 
                                investigation and criminal history 
                                check of the individual;
                                    ``(II) has submitted proof of 
                                identity;
                                    ``(III) has submitted the 
                                fingerprints of the individual; and
                                    ``(IV) has submitted identifying 
                                information on the firearm that the 
                                person intends to obtain, including the 
                                make, model, and serial number, and the 
                                identity of the firearm seller or 
                                transferor;
                    ``(B) a license issued under the system is 
                available at a designated local office, which shall be 
                located in both urban and rural areas;
                    ``(C) the Attorney General shall issue or deny a 
                license under this section not later than 30 days after 
                the date on which the application for such license is 
                received;
                    ``(D) each license issued under this section shall 
                be valid for the purchase of a single firearm, which 
                shall be purchased not later than 30 days after the 
                date on which the license is issued;
                    ``(E) a license issued under the system shall 
                expire on the date that is 5 years after the date on 
                which the license was issued; and
                    ``(F) the Attorney General shall provide notice of 
                an application for a license under this section to the 
                relevant State and local officials.
            ``(3) Background investigation.--
                    ``(A) In general.--Before issuing a license under 
                this section, the Attorney General shall--
                            ``(i) conduct a background investigation on 
                        the applicant; and
                            ``(ii) deny any license if receipt of a 
                        firearm would violate subsection (g) or (n) of 
                        section 922 or any provision of State law.
                    ``(B) Poses a danger of bodily injury.--
                            ``(i) Information from state and local 
                        officials.--After receiving the notice 
                        described in paragraph (2)(F), relevant State 
                        and local officials may submit to the Attorney 
                        General information demonstrating that the 
                        individual poses a significant danger of bodily 
                        injury to self or others by possessing, 
                        purchasing, or receiving a firearm.
                            ``(ii) Denial.--
                                    ``(I) In general.--The Attorney 
                                General may deny a license under this 
                                section if the Attorney General 
                                determines that the applicant poses a 
                                significant danger of bodily injury to 
                                self or others by possessing, 
                                purchasing, or receiving a firearm, 
                                after examining factors the Attorney 
                                General considers are relevant to the 
                                determination, including--
                                            ``(aa) history of threats 
                                        or acts of violence toward self 
                                        or others;
                                            ``(bb) history of use, 
                                        attempted use, or threatened 
                                        use of physical force by the 
                                        applicant against another 
                                        person;
                                            ``(cc) whether the 
                                        applicant is the subject of or 
                                        has violated a domestic 
                                        violence or stalking 
                                        restraining order or protection 
                                        order;
                                            ``(dd) any prior arrest, 
                                        pending charge, or conviction 
                                        for a violent or serious crime 
                                        or disorderly persons offense, 
                                        stalking offense, or domestic 
                                        violence offense;
                                            ``(ee) any prior arrest, 
                                        pending charge, or conviction 
                                        for an offense involving 
                                        cruelty to animals;
                                            ``(ff) history of drug or 
                                        alcohol abuse or involvement in 
                                        drug trafficking;
                                            ``(gg) any recent 
                                        acquisition of firearms, 
                                        ammunition, or other deadly 
                                        weapons; and
                                            ``(hh) involvement in 
                                        firearms trafficking or 
                                        unlawful firearms transfers; 
                                        and
                                            ``(ii) history of unsafe 
                                        storage or handling of 
                                        firearms.
                                    ``(II) Judicial review.--An 
                                applicant denied a license under 
                                subclause (I) may file an action in the 
                                appropriate district court of the 
                                United States for seeking review of the 
                                denial.
                    ``(C) Rule of construction.--Nothing in this 
                paragraph may be construed to modify any other 
                requirement for a background investigation relating to 
                the acquisition or receipt of a firearm in effect on 
                the day before the date of enactment of this section.
            ``(4) Revocation.--
                    ``(A) In general.--The Attorney General shall 
                revoke a license issued under this section if the 
                Attorney General determines that--
                            ``(i) the licensee poses a significant 
                        danger of bodily injury to self or others by 
                        possessing, purchasing, or receiving a firearm; 
                        or
                            ``(ii) after a regular background 
                        investigation conducted by the Attorney 
                        General, the possession of a firearm would 
                        violate subsection (g) or (n) of section 922 or 
                        any provision of State law.
                    ``(B) Notice and opportunity for a hearing.--
                            ``(i) Notice.--Upon determining that the 
                        licensee should have their license revoked 
                        under subparagraph (A), the Attorney General 
                        shall provide notice to the licensee and to 
                        relevant State and local officials of the 
                        determination.
                            ``(ii) Hearing.--For revocations under 
                        subparagraph (A)(i), the Attorney General shall 
                        provide a licensee an opportunity for a hearing 
                        in the appropriate district court of the United 
                        States not later than 30 days after the date on 
                        which a license is revoked under this paragraph 
                        to appeal the revocation.
                    ``(C) Procedures.--The Attorney General shall 
                establish procedures to ensure that any firearm is 
                removed from any individual when the individual's 
                license is revoked under this paragraph.
                    ``(D) Return of firearms.--A firearm removed under 
                the procedures established under subparagraph (C) may 
                be returned to the individual only if the individual's 
                license is reinstated.
            ``(5) Renewal.--The Attorney General shall establish 
        procedures for the renewal of a license that requires that the 
        applicant satisfies the requirements described in paragraph 
        (2).
            ``(6) Enrollment in rap back.--The Attorney General shall 
        enroll each individual who is issued a license under this 
        section in the Rap Back service.
    ``(c) Recordkeeping .--It shall be unlawful for any individual to 
sell or otherwise dispose of a firearm to a person unless the 
individual reports the transaction to the Attorney General not later 
than 3 business days after the date on which the firearm is sold or 
transferred, which shall include identifying information on the firearm 
seller and on the firearm transferee, including the make, model, and 
serial number.
    ``(d) State Licenses.--
            ``(1) In general.--Subsection (a) shall not apply to an 
        individual in a State if the Attorney General determines that 
        the State has a process for issuing a State firearm license to 
        eligible individuals in the State with substantially similar 
        requirements to those described in subsection (b).
    ``(e) Regulations.--The Attorney General may promulgate regulations 
that the Attorney General determines are necessary to carry out this 
section.''.
    (b) Clerical Amendment.--The table of sections for such chapter is 
amended by adding at the end the following:

``932. License for the acquisition or receipt of firearms.''.

SEC. 3. POINT-OF-SALE BACKGROUND CHECK.

    Section 922 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(aa) Point-of-Sale Background Checks.--
            ``(1) In general.--It shall be unlawful for any person who 
        is not a licensed importer, licensed manufacturer, or licensed 
        dealer to transfer a firearm to any other person who is not so 
        licensed, unless a licensed importer, licensed manufacturer, or 
        licensed dealer has first taken possession of the firearm for 
        the purpose of complying with subsection (t).
            ``(2) Compliance.--Upon taking possession of a firearm 
        under paragraph (1), a licensee shall comply with all 
        requirements of this chapter as if the licensee were 
        transferring the firearm from the inventory of the licensee to 
        the unlicensed transferee.
            ``(3) Return.--If a transfer of a firearm described in 
        paragraph (1) will not be completed for any reason after a 
        licensee takes possession of the firearm (including because the 
        transfer of the firearm to, or receipt of the firearm by, the 
        transferee would violate this chapter), the return of the 
        firearm to the transferor by the licensee shall not constitute 
        the transfer of a firearm for purposes of this chapter.''.

SEC. 4. PROHIBITION ON TRANSFER TO CERTAIN UNLICENSED PERSONS.

    Section 922 of title 18, United States Code, as amended by section 
3 of this Act, is amended by adding at the end the following:
    ``(bb) Prohibition on Transfer to Certain Unlicensed Persons.--It 
shall be unlawful for any person to--
            ``(1) sell or otherwise dispose of a firearm to any person 
        if such person does not have a license issued under section 932 
        or a substantially similar State law, as determined by the 
        Attorney General, during the previous 30 days; or
            ``(2) fail to report to the relevant law enforcement 
        agencies the sale or disposal described in paragraph (1).''.
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