Handgun Licensing and Registration Act of 2021
Bill: H.R.3740 | Sponsor: Rep. Watson Coleman, Bonnie (D-NJ)
Policy area: Crime and Law Enforcement

Summary:
Handgun Licensing and Registration Act of 2021
This bill establishes a statutory framework for the licensing and registration of all handguns owned, possessed, or controlled in the United States.

To provide for the mandatory licensing and registration of handguns, 
                        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 ``Handgun Licensing and Registration 
Act of 2021''.

SEC. 2. FEDERAL HANDGUN LICENSING AND REGISTRATION SYSTEM TO APPLY IN 
              ANY STATE THAT DOES NOT HAVE A HANDGUN LICENSING AND 
              REGISTRATION SYSTEM THAT MEETS CERTAIN REQUIREMENTS.

    (a) In General.--Chapter 44 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 932. Licensing and registration of handguns
    ``(a)(1) The Attorney General of the United States shall establish 
a Federal system for the licensing and registration of all handguns 
owned, possessed, or controlled in the United States--
            ``(A) under which--
                    ``(i) a person shall not be eligible to receive 
                such a license if the person--
                            ``(I) has not attained 21 years of age;
                            ``(II) is not a citizen, national, or 
                        lawful permanent resident of the United States;
                            ``(III) has not completed training in 
                        firearms safety;
                            ``(IV) as part of the process for applying 
                        for such a license--
                                    ``(aa) has not submitted to a 
                                background investigation and criminal 
                                history check of the person; or
                                    ``(bb) has not submitted the 
                                fingerprints of the person and a recent 
                                photograph that clearly shows the face 
                                of the person; or
                            ``(V) is prohibited by Federal law from 
                        possessing a firearm; and
                    ``(ii) such a license shall expire not more than 5 
                years after issuance; and
            ``(B) which shall include a method for easily retrieving 
        information sufficient to identify--
                    ``(i) each resident of a State to which this 
                subsection applies who owns, possesses, or controls a 
                handgun; and
                    ``(ii) the handgun.
    ``(2) It shall be unlawful for a person to own, possess, or control 
a handgun in a State to which this subsection applies unless the 
person--
            ``(A) is licensed to do so by the system established 
        pursuant to paragraph (1); and
            ``(B) has registered the handgun with a Federal, State, or 
        local law enforcement agency.
    ``(b) Subsection (a) shall not apply in a State if there is in 
effect a certification by the Attorney General of the United States 
that the State has in effect a system for the licensing and 
registration of handguns owned, possessed, or controlled in the State 
that--
            ``(1) meets the requirements of subsection (a)(1)(A);
            ``(2) includes a method for easily retrieving information 
        sufficient to identify--
                    ``(A) each resident of the State who owns, 
                possesses, or controls a handgun in the State; and
                    ``(B) the handgun; and
            ``(3) at a minimum, imposes criminal penalties on any 
        person who--
                    ``(A) owns, possesses, or controls a handgun in the 
                State, and--
                            ``(i) is not licensed by the State to 
                        possess a handgun; or
                            ``(ii) has not registered the handgun with 
                        a Federal, State, or local law enforcement 
                        agency; or
                    ``(B) transfers or receives handgun ammunition, 
                unless the recipient--
                            ``(i) is a licensed importer, licensed 
                        manufacturer, or licensed dealer; or
                            ``(ii) before the receipt, has presented to 
                        the transferor--
                                    ``(I) a valid firearms purchaser 
                                identification card issued by the State 
                                to the recipient;
                                    ``(II) a valid copy of a handgun 
                                purchase permit issued by the State to 
                                the recipient; or
                                    ``(III) a valid permit to carry a 
                                handgun issued by the State to the 
                                recipient.
    ``(c) A certification under subsection (b) with respect to a State 
shall have no force or effect on or after the date the Attorney General 
finds, after an opportunity for a hearing on the record, that the State 
does not have in effect the system described in subsection (b).
    ``(d) The Attorney General shall prescribe such regulations as may 
be necessary to carry out this section.''.
    (b) Penalties.--Section 924(a) of such title is amended by adding 
at the end the following:
    ``(8) Whoever knowingly violates section 932(a)(2) shall be fined 
under this title, imprisoned, or both. The court shall not suspend a 
sentence of imprisonment imposed under this paragraph.''.
    (c) Clerical Amendment.--The table of sections for such chapter is 
amended by adding at the end the following:

``932. Licensing and registration of handguns.''.
    (d) Effective Date.--The amendments made by this section shall 
apply to conduct engaged in after the 2-year period that begins with 
the date of the enactment of this Act.

SEC. 3. GRANTS FOR STATE IMPLEMENTATION OF PROGRAMS TO LICENSE AND 
              REGISTER HANDGUNS.

    (a) In General.--The Attorney General is authorized to award grants 
to States, units of local government, and Indian tribes to comply with 
the requirements under subsection (a) of section 932 of title 18, 
United States Code, or to implement a system described in subsection 
(b) of that section.
    (b) Program Authorized.--From the amounts appropriated to carry out 
this section, and not later than 90 days after such amounts are 
appropriated, the Attorney General shall award grants, on a competitive 
basis, to eligible applicants whose applications are approved under 
subsection (c) to assist such applicants in carrying out the activities 
described in subsection (a).
    (c) Application.--To be eligible to receive a grant under this Act, 
a State, unit of local government, or Indian tribe shall submit to the 
Attorney General an application at such time, in such manner, and 
containing such information as the Attorney General may require, 
including--
            (1) whether the applicant will use the grant to--
                    (A) comply with the requirements under subsection 
                (a) of section 932 of title 18, United States Code; or
                    (B) implement a system described in subsection (b) 
                of that section, including a description of the law 
                that the applicant has enacted to require a license for 
                any purchase of a handgun including a description of 
                any other exemptions to such law; and
            (2) a description of the specific activities for which the 
        applicant will use the grant.
    (d) Use of Funds.--A grantee under this Act shall use such grant to 
carry out the activities described in subsection (a).
    (e) Audits.--The Attorney General shall conduct an audit every 2 
years of each applicant receiving a grant under this section, and may 
conduct such additional audits as the Attorney General determines 
necessary.
    (f) Report.--The Attorney General shall submit an annual report to 
Congress on the grant program under this section, which shall include 
information on the progress made in establishing the Federal system 
described in subsection (a) of section 932 of title 18, United States 
Code, and the progress made by States in establishing a system 
described in subsection (b) of such section.
    (g) Authorization of Appropriations.--There is authorized to be 
appropriated such sums as may be necessary to carry out this Act.
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