Protect Children Through Safe Gun Ownership Act
Bill: H.R.6639 | Sponsor: Rep. Levin, Andy (D-MI)
Policy area: Crime and Law Enforcement

Summary:
Protect Children Through Safe Gun Ownership Act
This bill establishes certain requirements and education programs for the safe storage of firearms, including by establishing grants to provide parents with educational materials on gun safety and the importance of secure gun storage.

To amend chapter 44 of title 18, United States Code, to require 
   adequate supervision before a juvenile can possess a firearm, to 
     require the safe storage of 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 ``Protect Children Through Safe Gun 
Ownership Act''.

SEC. 2. LIMITATION ON WRITTEN CONSENT TO PERMIT A JUVENILE TO POSSESS A 
              HANDGUN.

    Section 922(x) of title 18, United States Code, is amended by 
adding at the end the following:
    ``(7) It shall be unlawful for any parent or guardian to provide 
written consent under paragraph (3) unless the parent or guardian has 
actual knowledge that the possession or use of the handgun by the 
juvenile will be in the presence and under the active supervision of 
the transferor or another adult who is not prohibited by Federal, 
State, or local law from possessing a firearm.''.

SEC. 3. SECURE GUN STORAGE OR SAFETY DEVICE.

    (a) In General.--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.--
                            ``(i) In general.--It shall be unlawful 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 carries 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 
                        subparagraph (A) (or, in the case of an 
                        individual 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 or the person in 
                        control of the premises knew or should have 
                        known that there was an unsecured firearm on 
                        the premises, in a court of competent 
                        jurisdiction, for compensatory and punitive 
                        damages, injunctive and declaratory relief, and 
                        such other relief as the court deems 
                        appropriate.
                            ``(ii) Joint and several liability.--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 liability 
                        covered by any contract of insurance entered 
                        into after the date of the enactment 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 common 
                        law.''.
    (b) Penalties.--Section 924 of such title is amended by adding at 
the end the following:
    ``(q) With respect to a violation of section 922(z), the Attorney 
General shall, after notice and opportunity for a hearing--
            ``(1)(A) in the case of a 1st violation, subject the person 
        to a civil money penalty of not more than $1,000; or
            ``(B) in the case of a 2nd or subsequent violation, subject 
        the person to a civil money penalty of not more than $5,000; 
        and
            ``(2) in the case of any violation, notify the person of 
        the prohibitions set forth in section 922(d)(10).''.
    (c) Prohibition.--Section 922(d) of such title is amended in the 
1st sentence--
            (1) in paragraph (8)(B)(ii), by striking ``or'' at the end;
            (2) in paragraph (9), by striking the period and inserting 
        ``; or''; and
            (3) by adding at the end the following:
            ``(10) has been assessed a civil money penalty for a 
        violation of subsection (z)(4) within the preceding 5 years.''.
    (d) Regulations.--Within 6 months after the date of the enactment 
of this Act, the Attorney General shall promulgate such rules as are 
necessary to ensure that--
            (1) the national instant criminal background check system 
        established under section 103 of the Brady Handgun Violence 
        Prevention Act denies the transfer of a firearm to a person who 
        has been assessed a civil money penalty for a violation of 
        section 922(z)(4) of title 18, United States Code, in the 5-
        year period ending with the date of the proposed transfer; and
            (2) each person licensed under chapter 44 of such title 
        provides notice of the penalties for violating such section 
        922(z)(4) to any person not licensed under such chapter who 
        seeks to acquire a firearm from the licensee.

SEC. 4. GRANT PROGRAM FOR SAFE STORAGE EDUCATION.

    (a) In General.--From the amounts made available to carry out this 
Act, the Secretary of Education shall award grants, on a competitive 
basis, to eligible local educational agencies to provide parents with 
educational materials on gun safety and the importance and necessity of 
secure gun storage.
    (b) Application.--To be eligible to receive a grant under this 
section, an eligible local educational agency shall submit to the 
Secretary an application at such time, in such manner, and containing 
such information as the Secretary may require.
    (c) Authorized Uses of Funds.--In addition to using a grant 
received under this section for the purposes described in subsection 
(a), an eligible local educational agency may use such grant to--
            (1) provide educational materials on gun safety for 
        parents, including best practices on how to keep guns secure 
        from children;
            (2) conduct information sessions on gun safety that are 
        publicly accessible; or
            (3) hire or assign an individual to monitor the activities 
        carried out under the grant.
    (d) Guidance.--Not later than 180 days before the first grant is 
awarded under this section, the Secretary shall issue guidance on best 
practices on--
            (1) keeping children secure from guns; and
            (2) the provision, by local educational agencies, of age-
        appropriate education on gun safety for parents.
    (e) Definitions.--In this section:
            (1) Eligible local educational agency.--The term ``eligible 
        local educational agency'' means a local educational agency 
        that is located in a State with a secure gun storage law 
        similar to paragraph (4) of section 922(z) of title 18, United 
        States Code, as added by section 3.
            (2) ESEA terms.--The terms ``local educational agency'' and 
        ``parent'' have the meanings given such terms in section 8101 
        of the Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 7801).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.

SEC. 5. REPORT ON IMPLEMENTATION.

    Within 2 years after the date of the enactment of this Act, and 
annually thereafter, the Attorney General shall submit a written report 
to the Congress on the implementation of this Act and the amendments 
made by this Act, including a disaggregation of the application of the 
amendments to individuals by sex, race, age, ethnicity, national 
origin, and English language proficiency.
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