Sabika Sheikh Firearm Licensing and Registration Act
Bill: H.R.127 | Sponsor: Rep. Jackson Lee, Sheila (D-TX)
Policy area: Crime and Law Enforcement

Summary:
Sabika Sheikh Firearm Licensing and Registration Act
This bill establishes a process for the licensing and registration of firearms. It also prohibits the possession of certain ammunition and large capacity ammunition feeding devices.
First, the Bureau of Alcohol, Tobacco, Firearms and Explosives must establish (1) a licensing system for the possession of firearms or ammunition, and (2) a registration system for firearms.
In addition, the Department of Justice (DOJ) must establish and maintain a publicly available database of all registered firearms.
Next, the bill creates licensing requirements for the possession of a firearm and ammunition. DOJ shall issue such a license if the individual is 21 years of age or older, undergoes a criminal background check and psychological evaluation, completes a certified training course, and has an insurance policy. It also outlines the circumstances under which DOJ must deny a license (e.g., the individual was hospitalized with a mental illness).
It also establishes additional requirements for an antique firearm display license and a military-style weapons license.
The bill generally prohibits and penalizes the possession of a firearm or ammunition unless the individual complies with licensing and registration requirements. Further, it prohibits the transfer of a firearm or ammunition to an unlicensed person.
Finally, it generally prohibits and penalizes (1) the possession of ammunition that is 0.50 caliber or greater, and (2) the possession of a large capacity ammunition feed device.

To provide for the licensing of firearm and ammunition possession and 
the registration of firearms, and to prohibit the possession of certain 
                              ammunition.

    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 ``Sabika Sheikh Firearm Licensing and 
Registration Act''.

SEC. 2. LICENSING OF FIREARM AND AMMUNITION POSSESSION; REGISTRATION OF 
              FIREARMS.

    (a) Firearm Licensing and Registration System.--
            (1) In general.--Chapter 44 of title 18, United States 
        Code, is amended by adding at the end the following:
``Sec. 932. Licensing of firearm and ammunition possession; 
              registration of firearms
    ``(a) In General.--The Attorney General, through the Bureau of 
Alcohol, Tobacco, Firearms and Explosives, shall establish a system for 
licensing the possession of firearms or ammunition in the United 
States, and for the registration with the Bureau of each firearm 
present in the United States.
    ``(b) Firearm Registration System.--
            ``(1) Required information.--Under the firearm registration 
        system, the owner of a firearm shall transmit to the Bureau--
                    ``(A) the make, model, and serial number of the 
                firearm, the identity of the owner of the firearm, the 
                date the firearm was acquired by the owner, and where 
                the firearm is or will be stored; and
                    ``(B) a notice specifying the identity of any 
                person to whom, and any period of time during which, 
                the firearm will be loaned to the person.
            ``(2) Deadline for supplying information.--The transmission 
        required by paragraph (1) shall be made--
                    ``(A) in the case of a firearm acquired before the 
                effective date of this section, within 3 months after 
                the effective date of this section; or
                    ``(B) in the case of a firearm acquired on or after 
                the effective date, on the date the owner acquires the 
                firearm.
            ``(3) Database.--
                    ``(A) In general.--The Attorney General shall 
                establish and maintain a database of all firearms 
                registered pursuant to this subsection.
                    ``(B) Access.--The Attorney General shall make the 
                contents of the database accessible to all members of 
                the public, all Federal, State, and local law 
                enforcement authorities, all branches of the United 
                States Armed Forces, and all State and local 
                governments, as defined by the Bureau.
    ``(c) Licensing System.--
            ``(1) Requirements.--
                    ``(A) General license.--Except as otherwise 
                provided in this subsection, the Attorney General shall 
                issue to an individual a license to possess a firearm 
                and ammunition if the individual--
                            ``(i) has attained 21 years of age;
                            ``(ii) after applying for the license--
                                    ``(I) undergoes a criminal 
                                background check conducted by the 
                                national instant criminal background 
                                check system established under section 
                                103 of the Brady Handgun Violence 
                                Prevention Act, and the check does not 
                                indicate that possession of a firearm 
                                by the individual would violate 
                                subsection (g) or (n) of section 922 or 
                                State law;
                                    ``(II) undergoes a psychological 
                                evaluation conducted in accordance with 
                                paragraph (2), and the evaluation does 
                                not indicate that the individual is 
                                psychologically unsuited to possess a 
                                firearm; and
                                    ``(III) successfully completes a 
                                training course, certified by the 
                                Attorney General, in the use, safety, 
                                and storage of firearms, that includes 
                                at least 24 hours of training; and
                            ``(iii) demonstrates that, on issuance of 
                        the license, the individual will have in effect 
                        an insurance policy issued under subsection 
                        (d).
                    ``(B) Antique firearm display license.--The 
                Attorney General shall issue to an individual a license 
                to display an antique firearm in a residence of the 
                individual if the individual--
                            ``(i) is the holder of a license issued 
                        under subparagraph (A);
                            ``(ii) supplies proof that the individual 
                        owns an antique firearm;
                            ``(iii) describes the manner in which the 
                        firearm will be displayed in accordance with 
                        regulations prescribed by the Attorney General, 
                        and certifies that the firearm will be so 
                        displayed; and
                            ``(iv) demonstrates that the individual has 
                        provided for storage of the firearm in a safe 
                        or facility approved by the Attorney General 
                        for the storage of firearms.
                    ``(C) Military-style weapons license.--The Attorney 
                General shall issue to an individual a license to own 
                and possess a military-style weapon if the individual--
                            ``(i) is the holder of a license issued 
                        under subparagraph (A); and
                            ``(ii) after applying for a license under 
                        this subparagraph, successfully completes a 
                        training course, certified by the Attorney 
                        General, in the use, safety, and storage of the 
                        weapon, that includes at least 24 hours of 
                        training and live fire training.
            ``(2) Psychological evaluation.--A psychological evaluation 
        is conducted in accordance with this paragraph if--
                    ``(A) the evaluation is conducted in compliance 
                with such standards as shall be established by the 
                Attorney General;
                    ``(B) the evaluation is conducted by a licensed 
                psychologist approved by the Attorney General;
                    ``(C) as deemed necessary by the licensed 
                psychologist involved, the evaluation included a 
                psychological evaluation of other members of the 
                household in which the individual resides; and
                    ``(D) as part of the psychological evaluation, the 
                licensed psychologist interviewed any spouse of the 
                individual, any former spouse of the individual, and at 
                least 2 other persons who are a member of the family 
                of, or an associate of, the individual to further 
                determine the state of the mental, emotional, and 
                relational stability of the individual in relation to 
                firearms.
            ``(3) Denial of license.--
                    ``(A) Required.--The Attorney General shall deny 
                such a license to an individual if--
                            ``(i) the individual is prohibited by 
                        Federal law from possessing a firearm; or
                            ``(ii) the individual has been 
                        hospitalized--
                                    ``(I) with a mental illness, 
                                disturbance, or diagnosis (including 
                                depression, homicidal ideation, 
                                suicidal ideation, attempted suicide, 
                                or addiction to a controlled substance 
                                (within the meaning of the Controlled 
                                Substances Act) or alcohol), or a brain 
                                disease (including dementia or 
                                Alzheimer's); or
                                    ``(II) on account of conduct that 
                                endangers self or others.
                    ``(B) Authorized.--The Attorney General may deny 
                such a license to an individual if--
                            ``(i) the psychological evaluation referred 
                        to in paragraph (2) indicates that the 
                        individual--
                                    ``(I) has a chronic mental illness 
                                or disturbance, or a brain disease, 
                                referred to in subparagraph (A)(ii)(I);
                                    ``(II) is addicted to a controlled 
                                substance (within the meaning of the 
                                Controlled Substances Act) or alcohol; 
                                or
                                    ``(III) has attempted to commit 
                                suicide; or
                            ``(ii) prior psychological treatment or 
                        evaluation of the individual indicated that the 
                        individual engaged in conduct that posed a 
                        danger to self or others.
            ``(4) Suspension of license.--
                    ``(A) In general.--A license issued under this 
                subsection to an individual who is under indictment for 
                a crime punishable by imprisonment for a term exceeding 
                1 year is hereby suspended.
                    ``(B) Authorized for lack of firearm insurance.--
                The Attorney General may suspend a license issued under 
                this subsection to an individual who has violated 
                section 922(dd) in the most recent 12-month period.
            ``(5) Revocation of license.--A license issued under this 
        subsection to an individual who is or becomes prohibited by 
        Federal or State law from possessing a firearm is hereby 
        revoked. Such an individual shall immediately return the 
        license, and surrender all firearms and ammunition owned or 
        possessed by the individual, to the Attorney General.
            ``(6) Expiration of license.--A license issued to an 
        individual under this subsection shall expire--
                    ``(A) in the case of a license that has been in 
                effect for less than 5 years, 1 year after issuance or 
                renewal, as the case may be; or
                    ``(B) in the case of a license that has been in 
                effect for at least 5 years, 3 years after the most 
                recent date the license is renewed.
            ``(7) Renewal of license.--The Attorney General shall renew 
        a license issued to an individual under this subsection if the 
        individual--
                    ``(A) requests the renewal by the end of the 60-day 
                period that begins with the date the license expires;
                    ``(B) in the 3-year period ending with the date the 
                renewal is requested--
                            ``(i) has met the requirement of paragraph 
                        (1)(A)(ii)(II); and
                            ``(ii) has successfully completed a 
                        training course, certified by the Attorney 
                        General, in the use, safety, and storage of 
                        firearms, that includes at least 8 hours of 
                        training;
                    ``(C) meets the requirement of paragraph 
                (1)(A)(iii); and
                    ``(D) in the case of a license issued under 
                paragraph (1)(C), in the 2-year period ending with the 
                date the renewal is requested, has successfully 
                completed a training course, certified by the Attorney 
                General, that includes at least 8 hours of training in 
                the use of the weapon subject to the license.
    ``(d) Firearm Insurance.--
            ``(1) In general.--The Attorney General shall issue to any 
        person who has applied for a license pursuant to subsection (c) 
        and has paid to the Attorney General the fee specified in 
        paragraph (2) of this subsection a policy that insures the 
        person against liability for losses and damages resulting from 
        the use of any firearm by the person during the 1-year period 
        that begins with the date the policy is issued.
            ``(2) Fee.--The fee specified in this paragraph is $800.''.
            (2) Military-style weapon defined.--Section 921(a) of such 
        title is amended by inserting after paragraph (29) the 
        following:
    ``(30) The term `military-style weapon' means--
            ``(A) any of the firearms, or copies or duplicates of the 
        firearms in any caliber, known as--
                    ``(i) Norinco, Mitchell, and Poly Technologies 
                Avtomat Kalashnikovs (all models);
                    ``(ii) Action Arms Israeli Military Industries UZI 
                and Galil;
                    ``(iii) Beretta Ar70 (SC-70);
                    ``(iv) Colt AR-15;
                    ``(v) Fabrique National FN/FAL, FN/LAR, and FNC;
                    ``(vi) SWD M-10, M-11, M-11/9, and M-12;
                    ``(vii) Steyr AUG;
                    ``(viii) INTRATEC TEC-9, TEC-DC9 and TEC-22; and
                    ``(ix) revolving cylinder shotguns, such as (or 
                similar to) the Street Sweeper and Striker 12;
            ``(B) a semiautomatic rifle that has an ability to accept a 
        detachable magazine and has at least 2 of--
                    ``(i) a folding or telescoping stock;
                    ``(ii) a pistol grip that protrudes conspicuously 
                beneath the action of the weapon;
                    ``(iii) a bayonet mount;
                    ``(iv) a flash suppressor or threaded barrel 
                designed to accommodate a flash suppressor; and
                    ``(v) a grenade launcher;
            ``(C) a semiautomatic pistol that has an ability to accept 
        a detachable magazine and has at least 2 of--
                    ``(i) an ammunition magazine that attaches to the 
                pistol outside of the pistol grip;
                    ``(ii) a threaded barrel capable of accepting a 
                barrel extender, flash suppressor, forward handgrip, or 
                silencer;
                    ``(iii) a shroud that is attached to, or partially 
                or completely encircles, the barrel and that permits 
                the shooter to hold the firearm with the nontrigger 
                hand without being burned;
                    ``(iv) a manufactured weight of 50 ounces or more 
                when the pistol is unloaded; and
                    ``(v) a semiautomatic version of an automatic 
                firearm; and
            ``(D) a semiautomatic shotgun that has at least 2 of--
                    ``(i) a folding or telescoping stock;
                    ``(ii) a pistol grip that protrudes conspicuously 
                beneath the action of the weapon;
                    ``(iii) a fixed magazine capacity in excess of 5 
                rounds; and
                    ``(iv) an ability to accept a detachable 
                magazine.''.
            (3) Clerical amendment.--The table of sections for such 
        chapter is amended by adding at the end the following:

``932. Licensing of firearm and ammunition possession; registration of 
                            firearms.''.
            (4) Deadline for establishment.--Within 1 year after the 
        date of the enactment of this Act, the Attorney General shall 
        prescribe final regulations to implement the amendments made by 
        this subsection.
    (b) Prohibitions; Penalties.--
            (1) Prohibitions.--Section 922 of such title is amended by 
        adding at the end the following:
    ``(aa) It shall be unlawful for a person to possess a firearm or 
ammunition, unless--
            ``(1) the person is carrying a valid license issued under 
        section 932(c)(1); and
            ``(2)(A) in the case of a firearm owned by the person, the 
        firearm is registered to the person under section 932(b); or
            ``(B) in the case of a firearm owned by another person--
                    ``(i) the firearm is so registered to such other 
                person; and
                    ``(ii) such other person has notified the Attorney 
                General that the firearm has been loaned to the person, 
                and the possession is during the loan period specified 
                in the notice.
    ``(bb)(1) It shall be unlawful for a person to transfer a firearm 
or ammunition to a person who is not licensed under section 932(c)(1).
    ``(2) It shall be unlawful for a person to sell or give a firearm 
or ammunition to another person unless the person has notified the 
Attorney General of the sale or gift.
    ``(3) It shall be unlawful for a person to loan a firearm or 
ammunition to another person unless the person has notified the 
Attorney General of the loan, including the identity of such other 
person and the period for which the loan is made.
    ``(4) It shall be unlawful for a person holding a valid license 
issued under section 932(c)(1) to transfer a firearm to an individual 
who has not attained 18 years of age.
    ``(cc) A person who possesses a firearm or to whom a license is 
issued under section 932(c)(1) shall have in effect an insurance policy 
issued under section 932(d).''.
            (2) Penalties.--Section 924(a) of such title is amended by 
        adding at the end the following:
    ``(8) Whoever knowingly violates section 922(aa) shall be fined not 
less than $75,000 and not more than $150,000, imprisoned not less than 
15 years and not more than 25 years, or both.
    ``(9)(A) Whoever knowingly violates section 922(bb)(1) shall be 
fined not less than $50,000 and not more than $75,000, imprisoned not 
less than 10 years and not more than 15 years, or both.
    ``(B) Whoever knowingly violates section 922(bb)(2) shall be fined 
not less than $30,000 and not more than $50,000, imprisoned not less 
than 5 years and not more than 10 years, or both.
    ``(C) Whoever knowingly violates section 922(bb)(3) shall be fined 
not less than $5,000 and not more than $10,000.
    ``(D) Whoever knowingly violates section 922(bb)(4) shall be fined 
not less than $75,000 and not more than $100,000, imprisoned not less 
than 15 years and not more than 25 years, or both, except that if the 
transferee of the firearm possess or uses the firearm during or in 
relation to a crime, an unintentional shooting, or suicide, the 
transferor shall be fined not less than $100,000 and not more than 
$150,000, imprisoned not less than 25 years and not more than 40 years, 
or both.
    ``(10) Whoever knowingly violates section 922(cc) shall be fined 
not less than $50,000 and not more than $100,000, imprisoned not less 
than 10 years and not more than 20 years, or both.''.
            (3) Conforming amendments.--
                    (A) Elimination of prohibition on establishment of 
                centralized firearm registration system.--Section 
                926(a) of such title is amended by striking the 2nd 
                sentence.
                    (B) Applicability to governmental and military 
                firearms and ammunition.--Section 925(a) of such title 
                is amended in each of paragraphs (1) and (2), by 
                inserting ``and except for section 932,'' after the 2nd 
                comma.
            (4) Effective date.--The amendments made by this subsection 
        shall take effect on the date final regulations are prescribed 
        under subsection (a)(4).

SEC. 3. PROHIBITION ON POSSESSION OF CERTAIN AMMUNITION.

    (a) In General.--Section 922 of title 18, United States Code, as 
amended by section 2 of this Act, is amended by adding at the end the 
following:
    ``(dd)(1) It shall be unlawful for any person to possess ammunition 
that is 0.50 caliber or greater.
    ``(2)(A) It shall be unlawful for any person to possess a large 
capacity ammunition feeding device.
    ``(B) Subparagraph (A) shall not apply to--
            ``(i) the manufacture for, or possession by, the United 
        States or a department or agency of the United States or a 
        State or a department, agency, or political subdivision of a 
        State, or the possession by a law enforcement officer employed 
        by such an entity for purposes of law enforcement (whether on 
        or off duty);
            ``(ii) the possession by an employee or contractor of a 
        licensee under title I of the Atomic Energy Act of 1954 on-site 
        for purposes of establishing and maintaining an on-site 
        physical protection system and security organization required 
        by Federal law, or off-site for purposes of licensee-authorized 
        training or transportation of nuclear materials;
            ``(iii) the manufacture or possession by a licensed 
        manufacturer or licensed importer for the purposes of testing 
        or experimentation authorized by the Attorney General; or
            ``(iv) the manufacture for, or possession by, an 
        organization that provides firearm training and that is 
        registered with the Attorney General, or the possession by an 
        individual to whom such an organization is providing firearm 
        training during and at the location of the training.''.
    (b) Large Capacity Ammunition Feeding Device Defined.--Section 
921(a) of such title, as amended by section 1 of this Act, is amended 
by inserting after paragraph (30) the following:
    ``(31) The term `large capacity ammunition feeding device' means a 
magazine, belt, drum, feed strip, or similar device that has a capacity 
of, or that can be readily restored or converted to accept, more than 
10 rounds of ammunition, but does not include an attached tubular 
device designed to accept, and capable of operating only with, .22 
caliber rimfire ammunition.''.
    (c) Penalties.--Section 924(a) of such title, as amended by section 
2 of this Act, is amended by adding at the end the following:
    ``(11)(A) Whoever knowingly violates section 922(dd)(1) shall be 
fined not less than $50,000 and not more than $100,000, imprisoned not 
less than 10 years and not more than 20 years, or both.
    ``(B) Whoever knowingly violates section 922(dd)(2) shall be fined 
not less than $10,000 and not more than $25,000, imprisoned not less 
than 1 year and not more than 5 years, or both.''.
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