Title: Blair Holt Firearm Owner Licensing and Record of Sale Act of 2018
Policy area: Crime and Law Enforcement

Summary:
Blair Holt Firearm Owner Licensing and Record of Sale Act of 2018
This bill establishes new requirements and restrictions with respect to the sale, transfer, and possession of firearms.
Among other things, the bill does the following:

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3002 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  2d Session
                                S. 3002

    To provide for the implementation of a system of licensing for 
  purchasers of certain firearms and for a record of sale system for 
                those firearms, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 6, 2018

Mr. Durbin (for Ms. Duckworth) introduced the following bill; which was 
       read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To provide for the implementation of a system of licensing for 
  purchasers of certain firearms and for a record of sale system for 
                those 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Blair Holt Firearm 
Owner Licensing and Record of Sale Act of 2018''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Definitions.
                           TITLE I--LICENSING

Sec. 101. Licensing requirement.
Sec. 102. Issuance, revocation, and renewal of firearm owner licenses.
Sec. 103. Relief from denial or revocation of firearm owner licenses.
                  TITLE II--RECORD OF SALE OR TRANSFER

Sec. 201. Sale or transfer requirements for qualifying firearms.
Sec. 202. Firearm records.
                   TITLE III--ADDITIONAL PROHIBITIONS

Sec. 301. Universal background check requirement.
Sec. 302. Failure to maintain or permit inspection of records.
Sec. 303. Failure to report loss or theft of firearm.
Sec. 304. Failure to provide notice of change of address.
Sec. 305. Child access prevention.
                         TITLE IV--ENFORCEMENT

Sec. 401. Criminal penalties.
Sec. 402. Regulations.
Sec. 403. Inspections.
Sec. 404. Orders.
Sec. 405. Injunctive enforcement.
            TITLE V--FIREARM INJURY INFORMATION AND RESEARCH

Sec. 501. Duties of the Attorney General.
                     TITLE VI--EFFECT ON STATE LAW

Sec. 601. Effect on State law.
Sec. 602. Certification of State firearm licensing systems and State 
                            firearm record of sale systems.
                  TITLE VII--RELATIONSHIP TO OTHER LAW

Sec. 701. Subordination to Arms Export Control Act.
                      TITLE VIII--INAPPLICABILITY

Sec. 801. Inapplicability to governmental authorities.
                        TITLE IX--EFFECTIVE DATE

Sec. 901. Effective date of amendments.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) the manufacture, distribution, and importation of 
        firearms is inherently commercial in nature;
            (2) firearms regularly move in interstate commerce;
            (3) to the extent that firearms trafficking is intrastate 
        in nature, it arises out of and is substantially connected with 
        a commercial transaction that, when viewed in the aggregate, 
        substantially affects interstate commerce;
            (4) because the intrastate and interstate trafficking of 
        firearms are so commingled, full regulation of interstate 
        commerce requires the incidental regulation of intrastate 
        commerce;
            (5) firearm-related assaults in the United States--
                    (A) during the 16-year period between 2001 and 
                2016, were associated with the majority of homicides 
                and half of all suicides; and
                    (B) during the 15-year period between 2001 and 
                2015, were the seventh leading cause of nonfatal 
                violent injuries;
            (6) on the afternoon of May 10, 2007, Blair Holt, a junior 
        at Julian High School in Chicago, was killed on a public bus 
        riding home from school when he used his body to shield a girl 
        who was in the line of fire after a young man boarded the bus 
        and started shooting;
            (7) since 2007, when 32 students and teachers were killed 
        at Virginia Tech, 7 of the 11 most deadly mass shootings in the 
        United States have taken place;
            (8) since 2012, when 20 first graders and teachers were 
        murdered with an assault rifle at Sandy Hook Elementary School 
        in Newtown, Connecticut, more than 230 school shootings have 
        occurred in the United States;
            (9) in 2015, there were 294 mass shootings, including, 
        notably, the shooting at Umpqua Community College in Oregon, 
        the Charleston church shooting in South Carolina, the theatre 
        shooting in Lafayette, Louisiana, and the Isla Vista community 
        shootings in California;
            (10) since 2016, the country has witnessed 4 of the 10 
        worst gun massacres in modern United States history; and
            (11) in February 2018, 17 members of the Marjory Stoneman 
        Douglas High School community in Parkland, Florida, lost their 
        lives at the hands of a 19-year-old armed with an AR-15 
        semiautomatic assault rifle.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) firearms trafficking is prevalent and widespread in and 
        among the States, and it is usually impossible to distinguish 
        between intrastate trafficking and interstate trafficking; and
            (2) it is in the national interest and within the role of 
        the Federal Government to ensure that the regulation of 
        firearms is uniform among the States, that law enforcement can 
        quickly and effectively trace firearms used in crime, and that 
        firearms owners know how to use and safely store their 
        firearms.
    (c) Purposes.--The purposes of this Act and the amendments made by 
this Act are--
            (1) to protect the public against the unreasonable risk of 
        injury and negligent or reckless death associated with the 
        unrecorded sale or transfer of qualifying firearms to criminals 
        and youths;
            (2) to ensure that owners of qualifying firearms are 
        knowledgeable in the safe use, handling, and storage of those 
        firearms;
            (3) to restrict the availability of qualifying firearms to 
        criminals, youth, and other persons prohibited by Federal law 
        from receiving firearms;
            (4) to facilitate the tracing of qualifying firearms used 
        in crime by Federal and State law enforcement agencies; and
            (5) to hold criminally and civilly liable those who 
        facilitate the transfer of qualifying firearms, causing risk of 
        injury and negligent or reckless death associated with the 
        transfer of those qualifying firearms.

SEC. 3. DEFINITIONS.

    (a) In General.--In this Act, the terms ``firearm'', ``qualifying 
firearm'', and ``State'' have the meanings given those terms in section 
921(a) of title 18, United States Code, as amended by subsection (b).
    (b) Title 18, United States Code.--Section 921(a) of title 18, 
United States Code, is amended by adding at the end the following:
    ``(36) The term `detachable ammunition feeding device'--
            ``(A) means a magazine, belt, drum, feed strip, or similar 
        device that--
                    ``(i) is capable of being detached from a 
                semiautomatic rifle; and
                    ``(ii) has a capacity of, or that can be readily 
                restored or converted to accept, more than 10 rounds of 
                ammunition; and
            ``(B) does not include an attached tubular device designed 
        to accept, and capable of operating only with, .22 caliber 
        rimfire ammunition.
    ``(37) The term `firearm owner license' means a license issued 
under section 923(m).
    ``(38) The term `qualifying firearm'--
            ``(A) means--
                    ``(i) a handgun; or
                    ``(ii) a semiautomatic rifle that is capable of 
                accepting a detachable ammunition feeding device; and
            ``(B) does not include an antique firearm.''.

                           TITLE I--LICENSING

SEC. 101. LICENSING REQUIREMENT.

    Section 922 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(aa) Firearm Licensing Requirement.--
            ``(1) In general.--Subject to paragraph (2), it shall be 
        unlawful for any individual other than a licensed importer, 
        licensed manufacturer, licensed dealer, or licensed collector 
        to possess a qualifying firearm on or after the applicable 
        date, unless that individual has a valid--
                    ``(A) firearm owner license; or
                    ``(B) State firearm license.
            ``(2) Exemptions.--
                    ``(A) In general.--Paragraph (1) shall not apply 
                to--
                            ``(i) a Federal, State, local, or tribal 
                        law enforcement officer while engaged in the 
                        performance of official duties;
                            ``(ii) a member of the Armed Forces or 
                        National Guard while engaged in the performance 
                        of official duties;
                            ``(iii) a Federal employee who is required 
                        to carry a qualifying firearm in the capacity 
                        of that individual as a Federal employee while 
                        engaged in the performance of official duties;
                            ``(iv) a member of a bona fide veterans 
                        organization that received the qualifying 
                        firearm directly from the Armed Forces, 
                        including a member of the color guard of the 
                        veterans organization, while using the 
                        qualifying firearm for a ceremonial purpose 
                        with blank ammunition;
                            ``(v) an unemancipated minor who is under 
                        the direct supervision of an individual who--
                                    ``(I) has a valid firearm owner 
                                license or State firearm license; and
                                    ``(II) is, with respect to the 
                                minor--
                                            ``(aa) a parent;
                                            ``(bb) a legal guardian; or
                                            ``(cc) any other individual 
                                        standing in loco parentis;
                            ``(vi) an individual with a valid hunting 
                        license issued by a State while the individual 
                        is--
                                    ``(I) hunting in the State that 
                                issued the license; and
                                    ``(II) accompanied by an individual 
                                who has a valid firearm owner license 
                                or State firearm license; or
                            ``(vii) an individual who is--
                                    ``(I)(aa) on a firing or shooting 
                                range; or
                                    ``(bb) participating in a firearms 
                                safety or training course recognized 
                                by--
                                            ``(AA) a Federal, State, 
                                        local, or tribal law 
                                        enforcement agency; or
                                            ``(BB) a national or 
                                        statewide shooting sports 
                                        organization;
                                    ``(II) otherwise eligible to obtain 
                                a firearm owner license; and
                                    ``(III) under the direct 
                                supervision of an individual who--
                                            ``(aa) has a valid firearm 
                                        owner license or State firearm 
                                        license; and
                                            ``(bb) is not less than 21 
                                        years of age.
                    ``(B) Individuals with state firearm licenses.--Not 
                later than 60 days after the date on which an 
                individual who has a State firearm license moves from 
                the State in which the State firearm license of the 
                individual was issued to a different State, the 
                individual shall--
                            ``(i) if the State to which the individual 
                        has moved has a State firearm owner licensing 
                        system certified by the Attorney General under 
                        section 933, apply for--
                                    ``(I) a State firearm license under 
                                that State system; or
                                    ``(II) a firearm owner license; or
                            ``(ii) if the State to which the individual 
                        has moved does not have a State firearm 
                        licensing system certified by the Attorney 
                        General under section 933, apply for a firearm 
                        owner license.
            ``(3) Definitions.--In this subsection--
                    ``(A) the term `applicable date' means, with 
                respect to a qualifying firearm that is acquired by the 
                individual--
                            ``(i) before the date of enactment of the 
                        Blair Holt Firearm Owner Licensing and Record 
                        of Sale Act of 2018, 2 years after that date of 
                        enactment; and
                            ``(ii) on or after the date of enactment of 
                        the Blair Holt Firearm Owner Licensing and 
                        Record of Sale Act of 2018, 1 year after that 
                        date of enactment; and
                    ``(B) the term `State firearm license' means a 
                firearm license issued under a firearm licensing system 
                established by a State that has been certified by the 
                Attorney General under section 933.
    ``(bb) Denial or Revocation of Firearm Owner Licenses.--It shall be 
unlawful for any individual who is denied a firearm owner license under 
paragraph (3)(D) of section 923(m) or receives a revocation notice 
under paragraph (5)(B)(i) of that section to knowingly--
            ``(1) fail to surrender the firearm owner license of the 
        individual in accordance with paragraph (6)(A)(i) of that 
        section;
            ``(2) fail to submit a firearm disposition record in 
        accordance with paragraph (6)(A)(ii) of that section;
            ``(3) make a false statement in a firearm disposition 
        record submitted under paragraph (6)(A)(ii) of that section; or
            ``(4) fail to transfer any qualifying firearm of the 
        individual in accordance with paragraph (6)(A)(iii) of that 
        section.''.

SEC. 102. ISSUANCE, REVOCATION, AND RENEWAL OF FIREARM OWNER LICENSES.

    Section 923 of title 18, United States Code, is amended--
            (1) in subsection (d)(1)(F)(iii), by inserting ``under 
        subsection (a) or (b)'' after ``Federal firearms license'';
            (2) in subsection (l), by inserting ``under subsection (a) 
        or (b)'' after ``a firearms license is issued''; and
            (3) by adding at the end the following:
    ``(m) Firearm Owner Licenses.--
            ``(1) Definitions.--In this subsection--
                    ``(A) the term `clinical psychologist' means a 
                psychologist licensed or registered to practice 
                psychology in the State in which the psychologist 
                practices who--
                            ``(i) has--
                                    ``(I) a doctoral degree from a 
                                regionally accredited university, 
                                college, or professional school; and
                                    ``(II) not less than 2 years of 
                                supervised experience in health 
                                services, of which--
                                            ``(aa) not less than 1 year 
                                        is of postdoctoral experience; 
                                        and
                                            ``(bb) not less than 1 year 
                                        is of experience in an 
                                        organized health service 
                                        program; or
                            ``(ii) has--
                                    ``(I) a graduate degree in 
                                psychology from a regionally accredited 
                                university or college; and
                                    ``(II) not less than 6 years of 
                                experience as a psychologist, of which 
                                not less than 2 years are of supervised 
                                experience in health services;
                    ``(B) the term `covered offense' means battery, 
                assault, aggravated assault, or violation of an order 
                of protection, in which a firearm was used or 
                possessed;
                    ``(C) the term `identification document' has the 
                meaning given the term in section 1028(d);
                    ``(D) the term `licensed individual' means an 
                individual issued a firearm owner license under 
                paragraph (3);
                    ``(E) the term `physician' means a doctor of 
                medicine legally authorized to practice medicine by the 
                State in which the physician performs that function or 
                action;
                    ``(F) the term `qualified examiner' means a medical 
                professional authorized to conduct a qualifying mental 
                health evaluation by the State in which the evaluation 
                occurs; and
                    ``(G) the term `qualifying mental health 
                evaluation' means a mental evaluation by a physician, 
                clinical psychologist, or qualified examiner resulting 
                in a certification by the physician, clinical 
                psychologist, or qualified examiner that an individual 
                is not a clear and present danger to the individual or 
                others.
            ``(2) Applications.--
                    ``(A) In general.--An individual applying for a 
                firearm owner license under this subsection shall 
                submit to the Attorney General, in accordance with the 
                regulations promulgated under subparagraph (B), an 
                application that includes--
                            ``(i) a current, passport-sized photograph 
                        of the applicant that provides a clear, 
                        accurate likeness of the applicant;
                            ``(ii) the name, address, and date and 
                        place of birth of the applicant;
                            ``(iii) any other name that the applicant 
                        has ever used or by which the applicant has 
                        ever been known;
                            ``(iv) with respect to each category of 
                        person prohibited by Federal law, or by the law 
                        of the State of residence of the applicant, 
                        from obtaining a firearm, a statement that the 
                        applicant is not a person prohibited from 
                        receiving a firearm;
                            ``(v)(I) a certification by the applicant 
                        that the applicant is not younger than 21 years 
                        old; or
                            ``(II) in the case of an applicant who is 
                        younger than 21 years old--
                                    ``(aa) written proof of the consent 
                                of the parent or legal guardian of the 
                                applicant for the applicant to possess 
                                and acquire a qualifying firearm, 
                                provided that the parent or legal 
                                guardian--
                                            ``(AA) is not an individual 
                                        prohibited by subsection (g) or 
                                        (n) of section 922 from 
                                        receiving a firearm; and
                                            ``(BB) submits an affidavit 
                                        with the application affirming 
                                        that the parent or legal 
                                        guardian is not an individual 
                                        prohibited by subsection (g) or 
                                        (n) of section 922 from 
                                        receiving a firearm; and
                                    ``(bb) a certification by the 
                                applicant that the applicant has not 
                                been convicted of a misdemeanor, other 
                                than a traffic offense, or adjudged 
                                delinquent;
                            ``(vi) a certification by the applicant 
                        that the applicant--
                                    ``(I) was not a patient in a mental 
                                health facility during the 5-year 
                                period preceding the date on which the 
                                application is submitted;
                                    ``(II) is not an individual with an 
                                intellectual or developmental 
                                disability;
                                    ``(III) is not subject to an order 
                                of protection prohibiting the applicant 
                                from possessing a firearm;
                                    ``(IV) has not been convicted of a 
                                covered offense during the 5-year 
                                period preceding the date on which the 
                                application is submitted; and
                                    ``(V) has not been adjudged 
                                delinquent for an act of juvenile 
                                delinquency that if committed by an 
                                adult would be a felony;
                            ``(vii) if the individual was a patient in 
                        a mental health facility during a period ending 
                        more than 5 years before the date on which the 
                        application is submitted, a qualifying mental 
                        health evaluation;
                            ``(viii) an authorization by the applicant 
                        to release to the Attorney General, or an 
                        authorized representative of the Attorney 
                        General, any mental health records pertaining 
                        to the applicant;
                            ``(ix) the date on which the application 
                        was submitted; and
                            ``(x) the signature of the applicant.
                    ``(B) Regulations governing submission.--
                            ``(i) In general.--The Attorney General 
                        shall promulgate regulations specifying 
                        procedures for the submission of an application 
                        under subparagraph (A) to the Attorney General 
                        that shall--
                                    ``(I) provide for submission of the 
                                application through a licensed dealer 
                                or an office or agency of the Federal 
                                Government designated by the Attorney 
                                General;
                                    ``(II) require the applicant to 
                                provide a valid identification document 
                                of the applicant, containing a 
                                photograph of the applicant, to the 
                                licensed dealer or to the office or 
                                agency of the Federal Government, as 
                                applicable, at the time of submission 
                                of the application to that licensed 
                                dealer, office, or agency; and
                                    ``(III) require that a completed 
                                application be forwarded to the 
                                Attorney General not later than 48 
                                hours after the application is 
                                submitted to the licensed dealer or 
                                office or agency of the Federal 
                                Government.
                            ``(ii) Definition.--In this paragraph, the 
                        term `agency' has the meaning given the term in 
                        section 551 of title 5.
                    ``(C) Fees.--
                            ``(i) In general.--The Attorney General 
                        shall charge and collect from each applicant 
                        for a license under this subsection a fee in an 
                        amount determined in accordance with clause 
                        (ii).
                            ``(ii) Fee amount.--The amount of the fee 
                        collected under this subparagraph shall be not 
                        less than the amount determined by the Attorney 
                        General to be necessary to ensure that the 
                        total amount of all fees collected under this 
                        subparagraph during a fiscal year is sufficient 
                        to cover the costs of carrying out this 
                        subsection during that fiscal year, except that 
                        such amount shall not exceed $10.
            ``(3) Issuance of licenses.--
                    ``(A) In general.--Not later than 30 days after the 
                date on which an application is submitted under 
                paragraph (2), the Attorney General shall issue a 
                firearm owner license to an applicant who has submitted 
                an application that meets the requirements under 
                paragraph (2), if the Attorney General determines that 
                the applicant--
                            ``(i) is not prohibited by subsection (g) 
                        or (n) of section 922 from receiving a 
                        qualifying firearm;
                            ``(ii)(I) is not younger than 21 years old; 
                        or
                            ``(II) is younger than 21 years old and--
                                    ``(aa) has submitted written proof 
                                of the consent of the parent or legal 
                                guardian of the applicant required 
                                under paragraph (2)(A)(v)(II)(aa); and
                                    ``(bb) has not been convicted of a 
                                misdemeanor, other than a traffic 
                                offense, or adjudged delinquent;
                            ``(iii) was not a patient in a mental 
                        health facility during the 5-year period 
                        preceding the date on which the application is 
                        submitted;
                            ``(iv) is not an individual with an 
                        intellectual or developmental disability;
                            ``(v) is not subject to an order of 
                        protection prohibiting the applicant from 
                        possessing a firearm;
                            ``(vi) has not been convicted of a covered 
                        offense during the 5-year period preceding the 
                        date on which the application is submitted;
                            ``(vii) has not been adjudged delinquent 
                        for an act of juvenile delinquency that if 
                        committed by an adult would be a felony;
                            ``(viii) if the individual was a patient in 
                        a mental health facility during a period ending 
                        more than 5 years before the date on which the 
                        application is submitted, has received a 
                        qualifying mental health evaluation;
                            ``(ix) does not have a mental condition 
                        that makes the applicant a clear and present 
                        danger to the individual or others; and
                            ``(x) has not intentionally made a false 
                        statement in the application under paragraph 
                        (2).
                    ``(B) Effect of issuance to prohibited 
                individuals.--A firearm owner license issued under this 
                paragraph shall be null and void if issued to an 
                individual who is prohibited by subsection (g) or (n) 
                of section 922 from receiving a firearm.
                    ``(C) Form of licenses.--A firearm owner license 
                issued under this paragraph shall be in the form of a 
                tamper-resistant card, and shall include--
                            ``(i) the photograph of the licensed 
                        individual submitted with the application under 
                        paragraph (2);
                            ``(ii) the address of the licensed 
                        individual;
                            ``(iii) the date of birth of the licensed 
                        individual;
                            ``(iv) the sex of the licensed individual;
                            ``(v) the height and weight of the licensed 
                        individual;
                            ``(vi) a license number, unique to each 
                        licensed individual;
                            ``(vii) the expiration date of the license, 
                        which shall be--
                                    ``(I) the date that is 5 years 
                                after the initial anniversary of the 
                                date of birth of the licensed 
                                individual following the date on which 
                                the license is issued; or
                                    ``(II) in the case of a license 
                                renewed under paragraph (4), the date 
                                that is 5 years after the anniversary 
                                of the date of birth of the licensed 
                                individual following the date on which 
                                the license is renewed;
                            ``(viii) the signature of the licensed 
                        individual provided on the application under 
                        paragraph (2), or a facsimile of the signature; 
                        and
                            ``(ix) centered at the top of the license, 
                        capitalized, and in boldface type, the 
                        following:
        `FIREARM OWNER LICENSE--NOT VALID FOR ANY OTHER PURPOSE'.
                    ``(D) Denial.--
                            ``(i) In general.--If the Attorney General 
                        determines that an applicant does not meet the 
                        requirements under subparagraph (A), the 
                        Attorney General shall provide written notice 
                        to the applicant that states--
                                    ``(I) the specific grounds on which 
                                the denial is based; and
                                    ``(II) the requirements for 
                                issuance of a firearm owner license 
                                under subparagraph (A).
                            ``(ii) Notice to local law enforcement.--
                        The Attorney General shall transmit a copy of 
                        the notice described in clause (i) to the 
                        sheriff and law enforcement agency having 
                        jurisdiction where the individual to whom the 
                        denial pertains resides.
                    ``(E) Change of address.--A licensed individual 
                shall immediately notify the Attorney General if the 
                licensed individual moves from the residence address 
                listed on the firearm owner license of that licensed 
                individual.
            ``(4) Renewal of licenses.--
                    ``(A) Applications for renewal of licenses.--
                            ``(i) In general.--A licensed individual 
                        seeking to renew a firearm owner license shall, 
                        not later than 60 days before the expiration 
                        date of the firearm owner license, submit to 
                        the Attorney General, in accordance with the 
                        regulations promulgated under subparagraph (B), 
                        an application for renewal of the license.
                            ``(ii) Contents.--An application submitted 
                        under clause (i) shall include--
                                    ``(I) a current, passport-sized 
                                photograph of the licensed individual 
                                that provides a clear, accurate 
                                likeness of the licensed individual;
                                    ``(II) current proof of identity of 
                                the licensed individual; and
                                    ``(III) the address of the licensed 
                                individual.
                            ``(iii) Regulations governing submission.--
                        The Attorney General shall promulgate 
                        regulations specifying procedures for the 
                        submission of applications under this 
                        subparagraph.
                    ``(B) Issuance of renewed licenses.--Upon approval 
                of an application submitted under subparagraph (A), the 
                Attorney General shall issue a renewed license, which 
                shall meet the requirements of paragraph (3)(C), except 
                that the license shall include the current photograph 
                and address of the licensed individual, as provided in 
                the application submitted under subparagraph (A) of 
                this paragraph, and the expiration date of the renewed 
                license, in accordance with paragraph (3)(C)(vii)(II).
            ``(5) Revocation of licenses.--
                    ``(A) In general.--If a licensed individual becomes 
                an individual who the Attorney General determines does 
                not meet the requirements under paragraph (3)(A) of 
                this subsection--
                            ``(i) the firearm owner license is revoked; 
                        and
                            ``(ii) the individual shall surrender the 
                        firearm owner license to the Attorney General 
                        in accordance with paragraph (6)(A) of this 
                        subsection.
                    ``(B) Notice.--
                            ``(i) In general.--Upon receipt by the 
                        Attorney General of notice that a licensed 
                        individual has become an individual described 
                        in subparagraph (A), the Attorney General shall 
                        provide written notice to the individual that--
                                    ``(I) the firearm owner license is 
                                revoked; and
                                    ``(II) states the specific grounds 
                                on which the revocation is based.
                            ``(ii) Notice to local law enforcement.--
                        The Attorney General shall transmit a copy of 
                        the notice described in clause (i) to the 
                        sheriff and law enforcement agency having 
                        jurisdiction where the individual to which the 
                        denial pertains resides.
            ``(6) Surrender of licenses and qualifying firearms.--
                    ``(A) In general.--Subject to subparagraph (F), an 
                individual who is denied a firearm owner license under 
                paragraph (3)(D) or receives a revocation notice under 
                paragraph (5)(B)(i) shall, not later than 48 hours 
                after receiving notice of the denial or revocation--
                            ``(i) in the case of an individual who 
                        receives a revocation notice, surrender the 
                        firearm owner license of the individual--
                                    ``(I) by bringing the firearm owner 
                                license to an office of--
                                            ``(aa) the Federal Bureau 
                                        of Investigation;
                                            ``(bb) the Bureau of 
                                        Alcohol, Tobacco, Firearms, and 
                                        Explosives; or
                                            ``(cc) a United States 
                                        Attorney; or
                                    ``(II) by mailing the firearm owner 
                                license to the Attorney General;
                            ``(ii) if the individual owns or has 
                        custody and control of a qualifying firearm, 
                        complete a firearm disposition record described 
                        in subparagraph (B) and--
                                    ``(I) in the case of an individual 
                                who receives a denial notice, submit 
                                that firearm disposition record to an 
                                entity described in clause (i); and
                                    ``(II) in the case of an individual 
                                who receives a revocation notice, 
                                submit that firearm disposition record 
                                at the same time that the individual 
                                surrenders the firearm owner license 
                                under clause (i); and
                            ``(iii) transfer any qualifying firearm 
                        that is owned by or under the custody and 
                        control of the individual to--
                                    ``(I) any location other than--
                                            ``(aa) a location to which 
                                        the individual has immediate 
                                        access;
                                            ``(bb) a residence of the 
                                        individual;
                                            ``(cc) a vehicle of the 
                                        individual; or
                                            ``(dd) a storage space of 
                                        the individual; or
                                    ``(II) if applicable, any person 
                                other than a member of the household of 
                                the individual.
                    ``(B) Firearm disposition records.--The Attorney 
                General shall prescribe a form for a firearm 
                disposition record to be completed under subparagraph 
                (A)(ii) that shall require an individual completing the 
                firearm disposition record to disclose--
                            ``(i) the make, model, and serial number of 
                        each qualifying firearm that is owned by or 
                        under the custody and control of the individual 
                        on the date on which the firearm disposition 
                        record is completed by the individual;
                            ``(ii) the location where each qualifying 
                        firearm described in clause (i) will be located 
                        after the individual submits the firearm 
                        disposition record; and
                            ``(iii) if any qualifying firearm described 
                        in clause (i) will be transferred to the 
                        ownership or custody and control of another 
                        person, the name, address, and, if applicable, 
                        firearm owner license number of the transferee.
                    ``(C) Responsibilities of receiving entities.--At 
                the time at which an entity described in subparagraph 
                (A)(i) receives a firearm owner license and firearm 
                disposition record under subparagraph (A), the entity 
                shall--
                            ``(i) provide to the individual 
                        surrendering the firearm owner license and 
                        submitting the firearm disposition record--
                                    ``(I) a receipt showing that the 
                                individual surrendered the firearm 
                                owner license to the entity; and
                                    ``(II) a copy of the firearm 
                                disposition record submitted by the 
                                individual; and
                            ``(ii) if the entity is an entity described 
                        in item (aa), (bb), or (cc) of subparagraph 
                        (A)(i)(I)--
                                    ``(I) transmit to the Attorney 
                                General--
                                            ``(aa) the firearm owner 
                                        license; and
                                            ``(bb) the firearm 
                                        disposition record; and
                                    ``(II) maintain a copy of the 
                                documents described in subclause (I) of 
                                this clause.
                    ``(D) Right to reclaim firearm.--An individual who 
                transfers a qualifying firearm under subparagraph 
                (A)(iii) may reclaim the qualifying firearm after a 
                successful application for relief or appeal under 
                section 925(g).''.

SEC. 103. RELIEF FROM DENIAL OR REVOCATION OF FIREARM OWNER LICENSES.

    Section 925 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(g) Relief From Denial or Revocation of Firearm Owner Licenses.--
            ``(1) Application to the attorney general.--
                    ``(A) In general.--If the Attorney General denies a 
                firearm owner license to an individual under subsection 
                (m)(3)(D) of section 923 or revokes the firearm owner 
                license of an individual under subsection (m)(5) of 
                that section, the individual may, not later than 60 
                days after the date on which the denial or revocation 
                occurs, make an application to the Attorney General for 
                relief from that denial or revocation.
                    ``(B) Relief.--The Attorney General may grant 
                relief to an applicant under subparagraph (A), if the 
                applicant establishes to the satisfaction of the 
                Attorney General that the circumstances relating to the 
                denial or revocation, and the criminal record and 
                personal reputation of the applicant, are such that--
                            ``(i) the applicant will not be likely to 
                        act in a manner dangerous to public safety; and
                            ``(ii) relief under this subparagraph would 
                        not be contrary to the public interest.
                    ``(C) Notice in the federal register.--If the 
                Attorney General grants relief under subparagraph (B), 
                the Attorney General shall promptly publish in the 
                Federal Register a notice--
                            ``(i) that the relief was granted; and
                            ``(ii) that describes the reasons for 
                        granting the relief.
            ``(2) Appeal.--
                    ``(A) In general.--An applicant who is denied 
                relief under paragraph (1)(B) may file a petition for 
                judicial review of the denial with the district court 
                of the United States for the district in which the 
                applicant resides.
                    ``(B) Hearing.--A court that receives a petition 
                under subparagraph (A) shall hold a hearing to 
                determine whether to grant the petitioner relief 
                described in paragraph (1)(A) not later than 72 hours 
                after the petitioner files the petition.
                    ``(C) Notice and opportunity to be heard.--
                            ``(i) In general.--The court shall provide 
                        the petitioner with notice and the opportunity 
                        to be heard at a hearing under this paragraph, 
                        sufficient to protect the due process rights of 
                        the petitioner.
                            ``(ii) Right to counsel.--
                                    ``(I) In general.--At a hearing 
                                under this paragraph, the petitioner 
                                may be represented by counsel who is--
                                            ``(aa) chosen by the 
                                        petitioner; and
                                            ``(bb) authorized to 
                                        practice at such a hearing.
                                    ``(II) Court-provided counsel.--If 
                                the petitioner is financially unable to 
                                obtain representation by counsel, the 
                                court, at the request of the 
                                petitioner, shall ensure to the extent 
                                practicable that the petitioner is 
                                represented by an attorney for the 
                                Legal Services Corporation with respect 
                                to the petition.
                    ``(D) Burden of proof; standard.--At a hearing 
                under this paragraph, the Attorney General--
                            ``(i) shall have the burden of proving all 
                        material facts; and
                            ``(ii) shall be required to demonstrate, by 
                        clear and convincing evidence, that the 
                        petitioner is prohibited under section 
                        923(m)(3)(A) from receiving a firearm owner 
                        license.''.

                  TITLE II--RECORD OF SALE OR TRANSFER

SEC. 201. SALE OR TRANSFER REQUIREMENTS FOR QUALIFYING FIREARMS.

    Section 922 of title 18, United States Code, as amended by section 
101 of this Act, is amended by adding at the end the following:
    ``(cc) Unauthorized Sale or Transfer of a Qualifying Firearm.--It 
shall be unlawful for any person to sell, deliver, or otherwise 
transfer a qualifying firearm to, or for, any person who is not a 
licensed importer, licensed manufacturer, licensed dealer, or licensed 
collector, or to receive a qualifying firearm from a person who is not 
a licensed importer, licensed manufacturer, licensed dealer, or 
licensed collector, unless, at the time and place of the transfer or 
receipt--
            ``(1) the transferee presents to a licensed dealer a valid 
        firearm owner license issued to the transferee--
                    ``(A) under subsection (m) of section 923; or
                    ``(B) pursuant to a State firearm licensing system 
                certified under section 933 established by the State in 
                which the transfer or receipt occurs;
            ``(2) the licensed dealer contacts the Attorney General or 
        the head of the State agency that administers the certified 
        system described in paragraph (1)(B), as applicable, and 
        receives notice that the transferee has been issued a firearm 
        owner license described in paragraph (1) and that the firearm 
        owner license remains valid; and
            ``(3) the licensed dealer records on a document (which, in 
        the case of a sale, shall be the sales receipt) a tracking 
        authorization number provided by the Attorney General or the 
        head of the State agency, as applicable, as evidence that the 
        licensed dealer has verified the validity of the firearm owner 
        license.''.

SEC. 202. FIREARM RECORDS.

    (a) In General.--Chapter 44 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 932. Firearm records
    ``(a) Submission of Sale or Transfer Reports.--Not later than 14 
days after the date on which the transfer of a qualifying firearm is 
processed by a licensed dealer under section 922(cc), the licensed 
dealer shall submit to the Attorney General (or, in the case of a 
licensed dealer located in a State that has a State firearm licensing 
and record of sale system certified under section 933, to the head of 
the State agency that administers that system) a report of that 
transfer, which shall include information relating to--
            ``(1) the manufacturer of the qualifying firearm;
            ``(2) the model name or number of the qualifying firearm;
            ``(3) the serial number of the qualifying firearm;
            ``(4) the date on which the qualifying firearm was received 
        by the transferee;
            ``(5) the number of the valid firearm owner license issued 
        to the transferee--
                    ``(A) under section 923(m); or
                    ``(B) in accordance with a State firearm licensing 
                system certified under section 933 established by the 
                State in which the transfer or receipt occurs; and
            ``(6) the name and address of the individual who 
        transferred the firearm to the transferee.
    ``(b) Federal Record of Sale System.--Not later than 270 days after 
the date of enactment of the Blair Holt Firearm Owner Licensing and 
Record of Sale Act of 2018, the Attorney General shall establish and 
maintain a Federal record of sale system, which shall include the 
information included in each report submitted to the Attorney General 
under subsection (a).''.
    (b) Elimination of Prohibition on Establishment of System of 
Registration.--Section 926(a) of title 18, United States Code, is 
amended by striking the second sentence.
    (c) Clerical Amendment.--The table of sections for chapter 44 of 
title 18, United States Code, is amended by adding at the end the 
following:

``932. Firearm records.''.

                   TITLE III--ADDITIONAL PROHIBITIONS

SEC. 301. UNIVERSAL BACKGROUND CHECK REQUIREMENT.

    Section 922 of title 18, United States Code, as amended by sections 
101 and 201 of this Act, is amended by adding at the end the following:
    ``(dd) Universal Background Check Requirement.--
            ``(1) Requirement.--Except as provided in paragraph (2), it 
        shall be unlawful for any person other than a licensed 
        importer, licensed manufacturer, licensed dealer, or licensed 
        collector to sell, deliver, or otherwise transfer a firearm to 
        any person other than such a licensee, unless the transfer is 
        processed through a licensed dealer in accordance with 
        subsection (t).
            ``(2) Exception.--Paragraph (1) shall not apply to the 
        infrequent transfer of a firearm by gift, bequest, intestate 
        succession, or other means by an individual to a parent, child, 
        grandparent, or grandchild of the individual, or to any loan of 
        a firearm for any lawful purpose for not more than 30 days 
        between individuals who are personally known to each other.''.

SEC. 302. FAILURE TO MAINTAIN OR PERMIT INSPECTION OF RECORDS.

    Section 922 of title 18, United States Code, as amended by sections 
101, 201, and 301 of this Act, is amended by adding at the end the 
following:
    ``(ee) Failure To Maintain or Permit Inspection of Records.--It 
shall be unlawful for a licensed manufacturer or a licensed dealer to 
fail to comply with section 932, or to fail to maintain such records or 
supply such information as the Attorney General may require in order to 
ascertain compliance with that section and the regulations and orders 
issued under that section.''.

SEC. 303. FAILURE TO REPORT LOSS OR THEFT OF FIREARM.

    Section 922 of title 18, United States Code, as amended by sections 
101, 201, 301, and 302 of this Act, is amended by adding at the end the 
following:
    ``(ff) Failure To Report Loss or Theft of Firearms.--It shall be 
unlawful for any person who owns a qualifying firearm to fail to report 
the loss or theft of the firearm to the Attorney General within 72 
hours after the loss or theft is discovered by the person who owns the 
qualifying firearm.''.

SEC. 304. FAILURE TO PROVIDE NOTICE OF CHANGE OF ADDRESS.

    Section 922 of title 18, United States Code, as amended by sections 
101, 201, 301, 302, and 303 of this Act, is amended by adding at the 
end the following:
    ``(gg) Failure To Provide Notice of Change of Address.--It shall be 
unlawful for any individual to whom a firearm owner license has been 
issued under section 923(m) to fail to report to the Attorney General a 
change in the address of that individual within 60 days of that change 
of address.''.

SEC. 305. CHILD ACCESS PREVENTION.

    Section 922 of title 18, United States Code, as amended by sections 
101, 201, 301, 302, 303, and 304 of this Act, is amended by adding at 
the end the following:
    ``(hh) Child Access Prevention.--
            ``(1) Definition of child.--In this subsection, the term 
        `child' means an individual who has not attained 18 years of 
        age.
            ``(2) Prohibition and penalties.--Except as provided in 
        paragraph (3), it shall be unlawful for any person to keep a 
        loaded firearm, or an unloaded firearm and ammunition for the 
        firearm, any one of which has been shipped or transported in 
        interstate or foreign commerce, within any premises that is 
        under the custody or control of that person, if--
                    ``(A) that person--
                            ``(i) knows, or recklessly disregards the 
                        risk, that a child is capable of gaining access 
                        to the firearm; and
                            ``(ii) either--
                                    ``(I) knows, or recklessly 
                                disregards the risk, that a child will 
                                use the firearm to cause the death of, 
                                or serious bodily injury (as defined in 
                                section 1365) to, the child or any 
                                other individual; or
                                    ``(II) knows, or reasonably should 
                                know, that possession of the firearm by 
                                a child is unlawful under Federal or 
                                State law; and
                    ``(B) a child uses the firearm and the use of that 
                firearm causes the death of, or serious bodily injury 
                to, the child or any other individual.
            ``(3) Exceptions.--Paragraph (2) shall not apply if--
                    ``(A) at the time the child obtained access, the 
                firearm was secured with a secure gun storage or safety 
                device;
                    ``(B) the person is a peace officer, a member of 
                the Armed Forces, or a member of the National Guard, 
                and the child obtains the firearm during, or incidental 
                to, the performance of the official duties of the 
                person in that capacity;
                    ``(C) the child uses the firearm in a lawful act of 
                self-defense or defense of 1 or more other persons; or
                    ``(D) the person has no reasonable expectation, 
                based on objective facts and circumstances, that a 
                child is likely to be present on the premises on which 
                the firearm is kept.''.

                         TITLE IV--ENFORCEMENT

SEC. 401. CRIMINAL PENALTIES.

    (a) Failure To Possess Firearm Owner License; Failure To Comply 
With Denial and Revocation Requirements; Failure To Comply With 
Qualifying Firearm Sale or Transfer Requirements; Failure To Maintain 
or Permit Inspection of Records.--Section 924(a) of title 18, United 
States Code, is amended by adding at the end the following:
    ``(8) Whoever knowingly violates subsection (aa), (bb), (cc), or 
(ee) of section 922 shall be fined under this title, imprisoned not 
more than 10 years, or both.''.
    (b) Failure To Comply With Universal Background Checks; Failure To 
Timely Report Loss or Theft of a Qualifying Firearm; Failure To Provide 
Notice of Change of Address.--Section 924(a)(5) of title 18, United 
States Code, is amended by striking ``(s) or (t)'' and inserting ``(t), 
(dd), (ff), or (gg)''.
    (c) Child Access Prevention.--Section 924(a) of title 18, United 
States Code, as amended by subsection (a) of this section, is amended 
by adding at the end the following:
    ``(9) Whoever violates section 922(hh) shall be fined under this 
title, imprisoned not more than 5 years, or both.''.

SEC. 402. REGULATIONS.

    (a) In General.--The Attorney General shall issue regulations 
governing the licensing of possessors of qualifying firearms and the 
recorded sale of qualifying firearms, consistent with this Act and the 
amendments made by this Act, as the Attorney General determines to be 
reasonably necessary to--
            (1) reduce or prevent deaths or injuries resulting from 
        qualifying firearms; and
            (2) assist law enforcement in the apprehension of owners or 
        users of qualifying firearms used in criminal activity.
    (b) Maximum Interval Between Issuance of Proposed and Final 
Regulation.--Not later than 120 days after the date on which the 
Attorney General issues a proposed regulation under subsection (a) with 
respect to a matter, the Attorney General shall issue a final 
regulation with respect to the matter.

SEC. 403. INSPECTIONS.

    In order to determine compliance with this Act, the amendments made 
by this Act, and the regulations and orders issued under this Act, the 
Attorney General may, during regular business hours, enter any place in 
which firearms or firearm products are manufactured, stored, or held, 
for distribution in commerce, and inspect those areas where the 
products are manufactured, stored, or held.

SEC. 404. ORDERS.

    The Attorney General may issue an order prohibiting the sale or 
transfer of any firearm that the Attorney General finds has been 
transferred or distributed in violation of this Act, an amendment made 
by this Act, or a regulation issued under this Act.

SEC. 405. INJUNCTIVE ENFORCEMENT.

    The Attorney General may bring an action to restrain any violation 
of this Act or an amendment made by this Act in the district court of 
the United States for any district in which--
            (1) the violation occurs; or
            (2) the defendant is found or transacts business.

            TITLE V--FIREARM INJURY INFORMATION AND RESEARCH

SEC. 501. DUTIES OF THE ATTORNEY GENERAL.

    (a) In General.--The Attorney General shall--
            (1) establish and maintain a firearm injury information 
        clearinghouse to collect, investigate, analyze, and disseminate 
        data and information relating to the causes and prevention of 
        death and injury associated with firearms;
            (2) conduct continuing studies and investigations of 
        firearm-related deaths and injuries;
            (3) collect and maintain current production and sales 
        figures for each licensed manufacturer; and
            (4) conduct a study on the efficacy of firearms that 
        incorporate technology that prevents the use of those firearms 
        by unauthorized users (commonly known as ``smart guns''), in 
        the prevention of unintended firearm deaths.
    (b) Availability of Information.--Periodically, but not less 
frequently than annually, the Attorney General shall submit to Congress 
and make available to the public a report on the activities and 
findings of the Attorney General under subsection (a).

                     TITLE VI--EFFECT ON STATE LAW

SEC. 601. EFFECT ON STATE LAW.

    (a) In General.--This Act and the amendments made by this Act may 
not be construed to preempt any provision of the law of any State or 
political subdivision of that State, or prevent a State or political 
subdivision of that State from enacting any provision of law regulating 
or prohibiting conduct with respect to firearms, except to the extent 
that the provision of law is inconsistent with any provision of this 
Act or an amendment made by this Act, and then only to the extent of 
the inconsistency.
    (b) Rule of Interpretation.--A provision of State law is not 
inconsistent with this Act or an amendment made by this Act if the 
provision imposes a regulation or prohibition of greater scope or a 
penalty of greater severity than a corresponding prohibition or penalty 
imposed by this Act or an amendment made by this Act.

SEC. 602. CERTIFICATION OF STATE FIREARM LICENSING SYSTEMS AND STATE 
              FIREARM RECORD OF SALE SYSTEMS.

    (a) In General.--Chapter 44 of title 18, United States Code, as 
amended by section 202 of this Act, is amended by adding at the end the 
following:
``Sec. 933. Certification of State firearm licensing systems and State 
              firearm record of sale systems
    ``Upon a written request of the chief executive officer of a State, 
the Attorney General may certify--
            ``(1) a firearm licensing system established by a State, if 
        State law requires the system to satisfy the requirements 
        applicable to the Federal firearm licensing system established 
        under section 923(m); and
            ``(2) a firearm record of sale system established by a 
        State, if State law requires the head of the State agency that 
        administers the system to submit to the Federal firearm record 
        of sale system established under section 932(b) a copy of each 
        report submitted to the head of the agency under section 
        932(a), not later than 7 days after receipt of the report.''.
    (b) Clerical Amendment.--The table of sections for chapter 44 of 
title 18, United States Code, as amended by section 202 of this Act, is 
amended by adding at the end the following:

``933. Certification of State firearm licensing systems and State 
                            firearm record of sale systems.''.

                  TITLE VII--RELATIONSHIP TO OTHER LAW

SEC. 701. SUBORDINATION TO ARMS EXPORT CONTROL ACT.

    In the event of any conflict between any provision of this Act or 
an amendment made by this Act, and any provision of the Arms Export 
Control Act (22 U.S.C. 2751 et seq.), the provision of the Arms Export 
Control Act shall control.

                      TITLE VIII--INAPPLICABILITY

SEC. 801. INAPPLICABILITY TO GOVERNMENTAL AUTHORITIES.

    This Act and the amendments made by this Act shall not apply to any 
department or agency of the United States, of a State, or of a 
political subdivision of a State, or to any official conduct of any 
officer or employee of such a department or agency.

                        TITLE IX--EFFECTIVE DATE

SEC. 901. EFFECTIVE DATE OF AMENDMENTS.

    The amendments made by this Act shall take effect 1 year after the 
date of enactment of this Act.
                                 <all>