Vote Without Fear Act
Bill: S.4977 | Sponsor: Sen. Murphy, Christopher (D-CT)
Policy area: Crime and Law Enforcement

Summary:
Vote Without Fear Act
This bill establishes new federal criminal offenses for possessing a firearm or causing a firearm to be present in or within 100 yards of a federal election site.

To prohibit the unauthorized possession of a firearm at a Federal 
                             election site.

    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 ``Vote Without Fear Act''.

SEC. 2. PROHIBITION ON UNAUTHORIZED FIREARM POSSESSION AT A FEDERAL 
              ELECTION SITE.

    (a) In General.--Chapter 44 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 935. Prohibition on unauthorized firearm possession at a Federal 
              election site
    ``(a) Definition.--In this section, the term `Federal election 
site' means a building or any part thereof at which an employee of the 
United States, a State, or a political subdivision thereof is engaged 
in--
            ``(1) the administration of a polling place in an election 
        for Federal office; or
            ``(2) the processing or counting of ballots cast in such an 
        election.
    ``(b) Possession of Firearm Near Federal Election Site.--
            ``(1) Offense.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), it shall be unlawful for an 
                individual to knowingly possess or cause to be present 
                a firearm in, or within 100 yards of an entrance to, a 
                place that the individual knows, or has reasonable 
                cause to believe, is a Federal election site.
                    ``(B) Exceptions.--Subparagraph (A) shall not apply 
                to--
                            ``(i) the possession of a firearm by a law 
                        enforcement officer employed by the United 
                        States, a State, or a political subdivision 
                        thereof, or a private security guard hired or 
                        arranged for by the owner or manager of a 
                        building in which there is a Federal election 
                        site, who is authorized by law to possess a 
                        firearm and who is on duty;
                            ``(ii) the possession of a firearm in a 
                        vehicle within 100 yards of an entrance to a 
                        Federal election site, if the firearm is not 
                        removed from the vehicle or brandished while 
                        the vehicle is in, or within 100 yards of the 
                        entrance to, a Federal election site; or
                            ``(iii) the otherwise lawful possession of 
                        a firearm in a place of residence, in a place 
                        of business, or on private property, in or 
                        within 100 yards of an entrance to a Federal 
                        election site.
            ``(2) Penalty.--Any individual who violates paragraph (1), 
        or attempts to do so, shall be fined under this title, 
        imprisoned not more than 1 year, or both.
    ``(c) Possession of Firearm Near Federal Election Site With Intent 
for Use in Crime.--
            ``(1) Offense.--It shall be unlawful for an individual, 
        with intent that a firearm be used in the commission of a 
        crime, to knowingly possess or cause to be present the firearm 
        in, or within 100 yards of an entrance to, a place that the 
        individual knows, or has reasonable cause to believe, is a 
        Federal election site.
            ``(2) Penalty.--Any individual who violates paragraph (1), 
        or attempts to do so, shall be fined under this title, 
        imprisoned not more than 5 years, or both.
    ``(d) Homicide.--An individual who kills any other individual in 
the course of a violation of subsection (b) or (c), or in the course of 
an attack on a Federal election site involving the use of a firearm, or 
attempts or conspires to do so, shall be punished as provided in--
            ``(1) section 1111, in the case of murder (as defined in 
        that section);
            ``(2) section 1112, in the case of manslaughter (as defined 
        in that section);
            ``(3) section 1113, in the case of attempt to commit murder 
        or manslaughter (as those terms are so defined); or
            ``(4) section 1117, in the case of conspiracy to commit 
        murder (as so defined).''.
    (b) Clerical Amendment.--The table of sections for chapter 44 of 
title 18, United States Code, is amended by adding at the end the 
following:

``935. Prohibition on unauthorized firearm possession at a Federal 
                            election site.''.
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