Title: Handgun Trigger Safety Act of 2017
Policy area: Crime and Law Enforcement

Summary:

Handgun Trigger Safety Act of 2017
This bill authorizes the National Institute of Justice to make grants to states or local governments, nonprofit or for-profit organizations, and institutions of higher education to develop technology for personalized handguns (i.e., technology that enables only an authorized user to fire a handgun).
The bill prohibits, subject to exceptions: (1) the manufacture of a handgun inside the United States that is not a personalized handgun, and (2) the distribution in commerce of a handgun that is not a personalized handgun or retrofitted personalized handgun. It authorizes the Consumer Product Safety Commission and states to enforce violations, which are treated as violations under the Consumer Product Safety Act.
A manufacturer must, at an owner's request, retrofit a U.S.-manufactured handgun that is not a personalized handgun or retrofitted personalized handgun. The Department of Justice (DOJ) may use amounts from the DOJ Assets Forfeiture Fund to reimburse a manufacturer for the costs of retrofitting.
Finally, the bill amends the Protection of Lawful Commerce in Arms Act to modify the definition of "qualified product." Current law limits civil actions against a licensed manufacturer, dealer, or seller of a qualified product for injuries resulting from the criminal or unlawful misuse of the product. This bill specifies that a newly manufactured handgun is not a qualified product unless is it a personalized handgun or retrofitted personalized handgun.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1915 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  1st Session
                                S. 1915

 To provide for the development and use of technology for personalized 
  handguns, to require that all handguns manufactured or sold in, or 
 imported into, the United States incorporate such technology, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 4, 2017

Mr. Markey (for himself, Ms. Warren, and Mr. Van Hollen) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
 To provide for the development and use of technology for personalized 
  handguns, to require that all handguns manufactured or sold in, or 
 imported into, the United States incorporate such technology, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Handgun Trigger Safety Act of 
2017''.

SEC. 2. FINDINGS.

    Congress finds as follows:
            (1) It is in the interest of the United States to protect 
        its citizens from handgun violence and accidental firearm 
        deaths.
            (2) Personalizing handguns would prevent unauthorized 
        users, whether children, criminals, or others, from misusing 
        the weapons.
            (3) Personalizing handguns would allow authorized users to 
        continue to lawfully own and use their handguns more safely.
            (4) From 2011 to 2015, according to the Centers for Disease 
        Control, an average of 544 Americans died in firearm accidents 
        each year.
            (5) According to research from Everytown for Gun Safety, an 
        unintentional shooting involving a child happens every 34 hours 
        in the United States.
            (6) According to the National Crime Victimization Survey, 
        almost 350,000 incidents of firearm theft from private citizens 
        occur each year.
            (7) According to the Federal Bureau of Investigation, 24 
        law enforcement officers were killed with their own weapon 
        between 2006 and 2015.
            (8) According to the Federal Bureau of Investigation, 
        almost half of all murders in the United States in 2015 were 
        committed with handguns.

          TITLE I--TECHNOLOGY FOR PERSONALIZED HANDGUNS GRANTS

SEC. 101. DEFINITIONS.

    In this title:
            (1) Authorized user.--The term ``authorized user'', with 
        respect to a firearm, means--
                    (A) the lawful owner of the firearm; and
                    (B) any individual who is--
                            (i) authorized by the lawful owner of the 
                        firearm to use the firearm; and
                            (ii) authorized, under the law of the State 
                        where the firearm is being used, to own, carry, 
                        or use a firearm in the State.
            (2) Director.--The term ``Director'' means the Director of 
        the National Institute of Justice.
            (3) Handgun.--The term ``handgun'' has the meaning given 
        the term in section 921 of title 18, United States Code.
            (4) Personalized handgun.--The term ``personalized 
        handgun'' means a handgun that--
                    (A) enables only an authorized user of the handgun 
                to fire the handgun; and
                    (B) is manufactured in such a manner that the 
                firing restriction described in subparagraph (A)--
                            (i) is incorporated into the design of the 
                        handgun;
                            (ii) is not sold as an accessory; and
                            (iii) cannot be readily removed or 
                        deactivated.
            (5) Qualified entity.--The term ``qualified entity'' 
        means--
                    (A) a State or unit of local government;
                    (B) a nonprofit or for-profit organization; or
                    (C) an institution of higher education (as defined 
                in section 101 of the Higher Education Act of 1965 (20 
                U.S.C. 1001)).
            (6) Retrofitted personalized handgun.--The term 
        ``retrofitted personalized handgun'' means a handgun fitted 
        with a device that--
                    (A) enables only an authorized user of the handgun 
                to fire the handgun; and
                    (B) cannot be readily removed or deactivated.

SEC. 102. AUTHORIZATION.

    The Attorney General, acting through the Director, shall make 
grants to qualified entities to develop technology for personalized 
handguns.

SEC. 103. APPLICATIONS.

    A qualified entity seeking a grant under this title shall submit to 
the Director an application at such time, in such manner, and 
containing such information as the Director may reasonably require.

SEC. 104. USES OF FUNDS.

    A qualified entity that receives a grant under this title--
            (1) shall use not less than 70 percent of the amount of the 
        grant to develop technology for personalized handguns;
            (2) may use not more than 20 percent of the amount of the 
        grant to develop technology for retrofitted personalized 
        handguns; and
            (3) may use not more than 10 percent of the amount of the 
        grant for administrative costs associated with the development 
        of technology funded under this title.

SEC. 105. TERM; RENEWAL.

    (a) Term.--A grant awarded under this title shall be for a term of 
1 year.
    (b) Renewal.--A qualified entity receiving a grant under this title 
may renew the grant by submitting to the Director an application for 
renewal at such time, in such manner, and containing such information 
as the Director may reasonably require.

SEC. 106. REPORTS.

    (a) Reports to Director.--A qualified entity receiving a grant 
under this title shall submit to the Director such reports, at such 
time, in such manner, and containing such information as the Director 
may reasonably require.
    (b) Reports to Congress.--Each year, the Director shall submit to 
Congress a report that contains a summary of the information submitted 
to the Director under subsection (a) during the previous year.

SEC. 107. REGULATIONS.

    The Director may promulgate such guidelines, rules, regulations, 
and procedures as may be necessary to carry out this title.

SEC. 108. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this title 
$2,000,000 for each of the first 2 fiscal years beginning after the 
date of the enactment of this Act.

      TITLE II--CONSUMER PRODUCT SAFETY COMMISSION SAFETY STANDARD

SEC. 201. DEFINITIONS.

    In this title:
            (1) Antique firearm; firearm; handgun.--The terms ``antique 
        firearm'', ``firearm'', and ``handgun'' have the meaning given 
        those terms in section 921 of title 18, United States Code.
            (2) Authorized user.--The term ``authorized user'', with 
        respect to a firearm, means--
                    (A) the lawful owner of the firearm; and
                    (B) any individual who is--
                            (i) authorized by the lawful owner of the 
                        firearm to use the firearm; and
                            (ii) authorized, under the law of the State 
                        where the firearm is being used, to own, carry, 
                        or use a firearm in the State.
            (3) Commission.--The term ``Commission'' means the Consumer 
        Product Safety Commission.
            (4) Consumer product safety rule.--The term ``consumer 
        product safety rule'' has the meaning given the term in section 
        3(a) of the Consumer Product Safety Act (15 U.S.C. 2052(a)).
            (5) Manufactured and manufacturer.--The terms 
        ``manufactured'' and ``manufacturer'' have the meaning given 
        those terms in section 3(a) of the Consumer Product Safety Act 
        (15 U.S.C. 2052(a)).
            (6) Personalized handgun.--The term ``personalized 
        handgun'' means a handgun that--
                    (A) enables only an authorized user of a handgun to 
                fire the handgun; and
                    (B) is manufactured in such a manner that the 
                firing restriction described in subparagraph (A)--
                            (i) is incorporated into the design of the 
                        handgun;
                            (ii) is not sold as an accessory; and
                            (iii) cannot be readily removed or 
                        deactivated.
            (7) Retrofitted personalized handgun.--The term 
        ``retrofitted personalized handgun'' means a handgun fitted 
        with a device that--
                    (A) enables only an authorized user of a handgun to 
                fire the handgun; and
                    (B) cannot be readily removed or deactivated.
            (8) State and united states.--The terms ``State'' and 
        ``United States'' have the meaning given those terms in section 
        3(a) of the Consumer Product Safety Act (15 U.S.C. 2052(a)).
            (9) To distribute in commerce and distribution in 
        commerce.--The terms ``to distribute in commerce'' and 
        ``distribution in commerce'' have the meaning given those terms 
        in section 3(a) of the Consumer Product Safety Act (15 U.S.C. 
        2052(a)).

SEC. 202. PROHIBITION ON MANUFACTURING AND DISTRIBUTION OF HANDGUNS 
              THAT ARE NOT PERSONALIZED HANDGUNS.

    (a) Prohibition.--
            (1) Manufacturing.--Beginning on the date that is 5 years 
        after the date of enactment of this Act, no person may 
        manufacture in the United States a handgun that is not a 
        personalized handgun.
            (2) Distribution in commerce.--Beginning on the date that 
        is 10 years after the date of enactment of this Act, no person 
        may distribute in commerce any handgun that is not a 
        personalized handgun or a retrofitted personalized handgun.
            (3) Exemptions for antique firearms and military 
        firearms.--Paragraphs (1) and (2) shall not apply to--
                    (A) an antique firearm;
                    (B) the manufacture of a firearm that is sold to 
                the Department of Defense; or
                    (C) the sale or distribution of a firearm to the 
                Department of Defense.
    (b) Enforcement by Consumer Product Safety Commission.--
            (1) Treatment of violation.--Notwithstanding section 
        3(a)(5)(E) of the Consumer Product Safety Act (15 U.S.C. 
        2052(a)(5)(E)), a violation of subsection (a) or any rule 
        promulgated by the Commission pursuant to paragraph (4) shall 
        be treated as a violation of section 19(a)(1) of the Consumer 
        Product Safety Act (15 U.S.C. 2068(a)(1)).
            (2) Treatment as consumer product safety standards.--
        Notwithstanding section 3(a)(5)(E) of the Consumer Product 
        Safety Act (15 U.S.C. 2052(a)(5)(E)), subsection (a) and any 
        rule promulgated pursuant to paragraph (4) shall be considered 
        consumer product safety rules.
            (3) Powers of commission.--
                    (A) In general.--The Commission shall enforce this 
                section in the same manner, by the same means, and with 
                the same jurisdiction, powers, and duties as though all 
                applicable terms and provisions of the Consumer Product 
                Safety Act (15 U.S.C. 2051 et seq.) were incorporated 
                into and made a part of this section.
                    (B) Privileges and immunities.--Any person who 
                violates this section shall be subject to the penalties 
                and entitled to the privileges and immunities provided 
                in the Consumer Product Safety Act (15 U.S.C. 2051 et 
                seq.).
            (4) Regulations.--The Commission, in consultation with the 
        Attorney General and the Director of the National Institute of 
        Justice, may promulgate such rules as the Commission considers 
        appropriate to carry out this section.
    (c) Enforcement by States.--
            (1) In general.--In any case in which the attorney general 
        of a State has reason to believe that an interest of the 
        residents of the State has been or is threatened or adversely 
        affected by the engagement of any person in a practice that 
        violates subsection (a), the attorney general of the State may, 
        as parens patriae, bring a civil action on behalf of the 
        residents of the State in an appropriate district court of the 
        United States--
                    (A) to enjoin further violation of such subsection 
                by such person;
                    (B) to compel compliance with such subsection;
                    (C) to obtain damages, restitution, or other 
                compensation on behalf of such residents; or
                    (D) to such civil penalties and other relief as the 
                court considers appropriate.
            (2) Rights of consumer product safety commission.--
                    (A) Notice to consumer product safety commission.--
                            (i) In general.--Except as provided in 
                        clause (iii), the attorney general of a State 
                        shall notify the Commission in writing that the 
                        attorney general intends to bring a civil 
                        action under paragraph (1) not later than 10 
                        days before initiating the civil action.
                            (ii) Contents.--The notification required 
                        by clause (i) with respect to a civil action 
                        shall include a copy of the complaint to be 
                        filed to initiate the civil action.
                            (iii) Exception.--If it is not feasible for 
                        the attorney general of a State to provide the 
                        notification required by clause (i) before 
                        initiating a civil action under paragraph (1), 
                        the attorney general shall notify the 
                        Commission immediately upon instituting the 
                        civil action.
                    (B) Intervention by consumer product safety 
                commission.--The Commission may--
                            (i) intervene in any civil action brought 
                        by the attorney general of a State under 
                        paragraph (1); and
                            (ii) upon intervening--
                                    (I) be heard on all matters arising 
                                in the civil action; and
                                    (II) file petitions for appeal of a 
                                decision in the civil action.
            (3) Investigatory powers.--Nothing in this subsection may 
        be construed to prevent the attorney general of a State from 
        exercising the powers conferred on the attorney general by the 
        laws of the State to conduct investigations, to administer 
        oaths or affirmations, or to compel the attendance of witnesses 
        or the production of documentary or other evidence.
            (4) Preemptive action by consumer product safety 
        commission.--If the Commission institutes a civil action or an 
        administrative action with respect to a violation of subsection 
        (b), the attorney general of a State may not, during the 
        pendency of such action, bring a civil action under paragraph 
        (1) against any defendant named in the complaint of the 
        Commission for the violation with respect to which the 
        Commission instituted such action.
            (5) Venue; service of process.--
                    (A) Venue.--Any action brought under paragraph (1) 
                may be brought in--
                            (i) the district court of the United States 
                        that meets applicable requirements relating to 
                        venue under section 1391 of title 28, United 
                        States Code; or
                            (ii) another court of competent 
                        jurisdiction.
                    (B) Service of process.--In an action brought under 
                paragraph (1), process may be served in any district in 
                which the defendant--
                            (i) is an inhabitant; or
                            (ii) may be found.
            (6) Actions by other state officials.--
                    (A) In general.--In addition to civil actions 
                brought by attorneys general under paragraph (1), any 
                other officer of a State who is authorized by the State 
                to do so may bring a civil action under paragraph (1), 
                subject to the same requirements and limitations that 
                apply under this subsection to civil actions brought by 
                attorneys general.
                    (B) Savings provision.--Nothing in this subsection 
                may be construed to prohibit an authorized official of 
                a State from initiating or continuing any proceeding in 
                a court of the State for a violation of any civil or 
                criminal law of the State.
    (d) Cost of Retrofitting.--
            (1) Cost borne by manufacturers.--Upon the request of the 
        owner of a handgun that was manufactured in the United States 
        and that is not a personalized handgun or retrofitted 
        personalized handgun, the manufacturer of the handgun--
                    (A) shall--
                            (i) retrofit the handgun so that the 
                        handgun is a retrofitted personalized handgun; 
                        and
                            (ii) return the handgun to the owner within 
                        a reasonable period of time; and
                    (B) may not request compensation for the retrofit 
                from the owner.
            (2) Rulemaking.--Not later than 1 year after the date of 
        enactment of this Act, the Commission, in consultation with the 
        Attorney General and the Director of the National Institute of 
        Justice, shall by regulation establish the maximum period of 
        time within which a manufacturer that receives a request from 
        the owner of a handgun under paragraph (1) shall retrofit and 
        return the handgun to the owner.
            (3) Reimbursement from department of justice assets 
        forfeiture fund.--Section 524(c)(1) of title 28, United States 
        Code, is amended--
                    (A) in subparagraph (H), by striking ``and'' at the 
                end;
                    (B) in subparagraph (I), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by inserting after subparagraph (I) the 
                following:
            ``(J) payments to reimburse manufacturers of handguns for 
        the costs of retrofitting handguns to comply with the 
        requirement under section 202(d)(1) of the Handgun Trigger 
        Safety Act of 2017.''.
    (e) Relation to State Law.--This section shall not be construed as 
superseding, altering, or affecting any provision of law of a State, 
except to the extent that such provision of law is inconsistent with 
the provisions of this section, and then only to the extent of the 
inconsistency.

TITLE III--EXEMPTION FROM THE PROTECTION OF LAWFUL COMMERCE IN ARMS ACT

SEC. 301. EXEMPTIONS FROM THE PROTECTION OF LAWFUL COMMERCE IN ARMS 
              ACT.

    Section 4 of the Protection of Lawful Commerce in Arms Act (15 
U.S.C. 7903) is amended--
            (1) in paragraph (4)--
                    (A) by striking ``The term `qualified product' 
                means'' and inserting the following: ``The term 
                `qualified product'--
                            ``(i) except as provided in clause (ii), 
                        means'';
                    (B) by striking the period at the end and inserting 
                ``; and''; and
                    (C) by adding at the end the following:
                            ``(ii) does not include a handgun that--
                                    ``(I) is manufactured on or after 
                                the date that is 5 years after the date 
                                of enactment of the Handgun Trigger 
                                Safety Act of 2017; and
                                    ``(II) is not a--
                                            ``(aa) personalized 
                                        handgun; or
                                            ``(bb) retrofitted 
                                        personalized handgun.''; and
            (2) by adding at the end the following:
            ``(10) Authorized user.--The term `authorized user', with 
        respect to a firearm, means--
                    ``(A) the lawful owner of the firearm; and
                    ``(B) any individual who is--
                            ``(i) authorized by the lawful owner of the 
                        firearm to use the firearm; and
                            ``(ii) authorized, under the law of the 
                        State where the firearm is being used, to own, 
                        carry, or use a firearm in the State.
            ``(11) Handgun.--The term `handgun' has the meaning given 
        the term in section 921 of title 18, United States Code.
            ``(12) Personalized handgun.--The term `personalized 
        handgun' means a handgun that--
                    ``(A) enables only an authorized user of the 
                handgun to fire the handgun; and
                    ``(B) is manufactured in such a manner that the 
                firing restriction described in subparagraph (A)--
                            ``(i) is incorporated into the design of 
                        the handgun;
                            ``(ii) is not sold as an accessory; and
                            ``(iii) cannot be readily removed or 
                        deactivated.
            ``(13) Retrofitted personalized handgun.--The term 
        `retrofitted personalized handgun' means a handgun fitted with 
        a device that--
                    ``(A) enables only an authorized user of the 
                handgun to fire the handgun; and
                    ``(B) cannot be readily removed or deactivated.''.
                                 <all>