Federal Assault Weapons Licensing Act

Bill: 117-hr-8882
Sponsor: full_name: Rep. Jacobs, Chris [R-NY-27]
Introduced: 2022-09-19
Policy area: Crime and Law Enforcement
Latest action: action_date: 2022-11-01
text: Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.

Summaries:
action_date: 2022-09-19
action_desc: Introduced in House
text: <p><b>Federal Assault Weapons Licensing Act</b></p> <p>This bill directs the Department of Justice to establish a licensing system for the possession of semiautomatic assault weapons.</p>

tv_txt: I 117th CONGRESS 2d Session H. R. 8882 IN THE HOUSE OF REPRESENTATIVES September 19, 2022 Mr. Jacobs of New York introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, to require a license to acquire or receive an assault weapon, and for other purposes.

1. Short title This Act may be cited as the Federal Assault Weapons Licensing Act . 2. License for the acquisition or receipt of assault weapons (a) In general Chapter 44 of title 18, United States Code, is amended by adding at the end the following: 935. License for the acquisition or receipt of assault weapons (a) In general Except as provided in subsection (c), it shall be unlawful for any individual to purchase or receive an assault weapon, unless the individual has— (1) an assault weapons license issued under this section; or (2) an assault weapons license, or a valid license or permit authorizing the carrying of a concealed firearm, issued by a State, unless the Attorney General has determined that the requirements which must be met for the issuance of such a license or permit are not substantially similar to the requirements of subsection (b). (b) Establishment of system for issuing Federal assault weapons licenses (1) In general The Attorney General shall establish a system for issuing licenses authorizing eligible individuals to acquire and receive assault weapons while the license is in effect. (2) Application requirements The system established under paragraph (1) shall provide that— (A) an individual is eligible to receive such a license if the individual— (i) has completed training in firearms safety, including hands-on testing and firing testing, to demonstrate safe use and sufficient accuracy of a firearm; and (ii) as part of the process for applying for such a license— (I) has submitted to a background investigation and criminal history check of the individual in accordance with paragraph (3); (II) has submitted proof of the identity of the individual; (III) has submitted the fingerprints of the individual; and (IV) has paid a fee of $130 for applying for, or renewing, such a license; (B) such a license shall be available at designated local offices, which shall be located in urban and rural areas; (C) the Attorney General shall issue or deny such a license, or return the application without action, not later than 30 days after the date on which the application for the license, or for the renewal of the license, is received; (D) such a license shall expire on the date that is 5 years after the date on which the license was issued or renewed; and (E) the Attorney General shall provide notice of an application for such a license to the relevant State and local officials. (3) Background investigation and criminal history check by the NICS system (A) In general Before issuing a license under this section, the Attorney General shall— (i) cause the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act (in this section referred to as the NICS system ) to conduct a criminal background check of the applicant; and (ii) deny the license if receipt of a firearm by the applicant would violate subsection (g) or (n) of section 922 or any provision of State law. (B) Poses a danger of bodily injury (i) Information from State and local officials After receiving the notice described in paragraph (2)(E), relevant State and local officials may submit to the Attorney General information demonstrating that the individual poses a significant danger of bodily injury to self or others by possessing, purchasing, or receiving a firearm. (ii) Denial (I) In general The Attorney General may deny a license under this section if the Attorney General determines that the applicant poses a significant danger of bodily injury to self or others by possessing, purchasing, or receiving a firearm, after examining factors the Attorney General considers are relevant to the determination, including— (aa) history of threats or acts of violence toward self or others; (bb) history of use, attempted use, or threatened use of physical force by the applicant against another person; (cc) whether the applicant is the subject of or has violated a domestic violence or stalking restraining order or protection order; (dd) any prior arrest, pending charge, or conviction for a violent or serious crime or disorderly persons offense, stalking offense, or domestic violence offense; (ee) any prior arrest, pending charge, or conviction for an offense involving cruelty to animals; (ff) history of drug or alcohol abuse or involvement in drug trafficking; (gg) any recent acquisition of firearms, ammunition, or other deadly weapons; (hh) involvement in firearms trafficking or unlawful firearms transfers; and (ii) history of unsafe storage or handling of firearms. (II) Judicial review An applicant denied a license under subclause (I) may file an action in the appropriate district court of the United States seeking review of the denial. (C) Rule of construction This paragraph shall not be construed to modify any other requirement for a background investigation relating to the acquisition or receipt of a firearm in effect on the day before the date of the enactment of this section. (4) Revocation (A) In general The Attorney General shall revoke a license issued under this section if the Attorney General determines— (i) that the licensee poses a significant danger of bodily injury to self or others by possessing, purchasing, or receiving a firearm; or (ii) after a criminal background check conducted in accordance with paragraph (3)(A), that the possession of a firearm would violate subsection (g) or (n) of section 922 or any provision of State law. (B) Notice and opportunity for a hearing (i) Notice Upon determining that the licensee should have their license revoked under subparagraph (A), the Attorney General shall provide notice to the licensee and to relevant State and local officials of the determination. (ii) Hearing For revocations under subparagraph (A)(i), the Attorney General shall provide a licensee an opportunity for a hearing in the appropriate district court of the United States not later than 30 days after the date on which a license is revoked under this paragraph to appeal the revocation. (C) Procedures The Attorney General shall establish procedures to ensure that, when the license issued to an individual is revoked under this paragraph, the individual surrenders any assault weapon owned or possessed by the individual. (D) Return of firearms An assault weapon surrendered under the procedures established under subparagraph (C) may be returned to the individual only if the license of the individual under this section is reinstated. (5) Renewal The Attorney General shall establish procedures for the renewal of a license issued under this section, that shall require the licensee to satisfy the requirements of paragraph (2). (c) Exceptions Subsection (a) shall not apply to— (1) a member of the Armed Forces on active duty, a qualified law enforcement officer (as defined in section 926B), a qualified retired law enforcement officer (as defined in section 926C), a corrections officer, or a law enforcement officer; (2) the owner of an assault weapon who lawfully possessed the weapon continuously since before the date of the enactment of this section; (3) a transfer to an executor, administrator, trustee, or personal representative of an estate or a trust by operation of law upon death; (4) a transfer approved by the Attorney General under section 5812 of the Internal Revenue Code of 1986; (5) a temporary transfer that is necessary to prevent imminent death or great bodily harm, including harm to self or another, domestic violence, dating partner violence, sexual assault, stalking, or domestic abuse, if the possession by the transferee lasts only for so long as is immediately necessary to prevent the imminent death or great bodily harm, domestic violence, dating partner violence, sexual assault, stalking, or domestic abuse, as the case may be; or (6) a temporary transfer if the transferor has no reason to believe that the transferee will use or intends to use the firearm in a crime or is prohibited from possessing a firearm under State or Federal law, and the transfer takes place and the transferee's possession of the firearm is exclusively— (A) in the presence and under the supervision of the transferor; and (B) (i) at a shooting range or in a shooting gallery or other area designated for the purpose of target shooting; or (ii) while reasonably necessary for the purposes of hunting, trapping, pest control on a farm or ranch, or fishing, if the transferor— (I) has no reason to believe that the transferee intends to use the firearm unlawfully; and (II) has reason to believe that the transferee will comply with all licensing and permit requirements for the hunting, trapping, pest control on a farm or ranch, or fishing, as the case may be. (d) Retention of application fees Amounts collected from application fees paid under this section shall be available, without fiscal year limitation, for processing applications submitted pursuant to this section. (e) Regulations (1) In general The Attorney General may promulgate such regulations as the Attorney General determines are necessary to carry out this section, which shall include— (A) a requirement that the NICS system prioritize criminal background checks pursuant to this section over criminal background checks pursuant to chapter 53 of the Internal Revenue Code of 1986; and (B) a procedure for a person whose application for a license under this section has been returned without action to be informed of the reasons therefor. (2) Records of license holders (A) In general Notwithstanding the 2nd sentence of section 926(a) of this title, the Attorney General shall keep a record of the holders of a license issued under this section, and shall enable the NICS system to access the record in conducting criminal background checks pursuant to this section. (B) Limitation on FBI access The Director of the Federal Bureau of Investigation may not access the record except for the purpose of— (i) conducting a criminal background check pursuant to this section; or (ii) confiscating a license issued under this section, in the case that the licensee becomes ineligible to receive a firearm under Federal law. . (b) Definitions Section 921(a) of such title is amended— (1) by inserting after paragraph (29) the following: (30) The term semiautomatic pistol means any repeating pistol that— (A) utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round; and (B) requires a separate pull of the trigger to fire each cartridge. (31) The term semiautomatic shotgun means any repeating shotgun that— (A) utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round; and (B) requires a separate pull of the trigger to fire each cartridge. ; and (2) by adding at the end the following: (36) The term assault weapon means any of the following, regardless of country of manufacture or caliber of ammunition accepted: (A) A semiautomatic rifle that has— (i) a magazine that is not a fixed magazine; and (ii) any of the following: (I) A pistol grip. (II) A forward grip. (III) A folding, telescoping, or detachable stock, or is otherwise foldable or adjustable in a manner that operates to reduce the length, size, or any other dimension, or otherwise enhances the concealability, of the weapon. (IV) A grenade launcher. (V) A barrel shroud. (B) A semiautomatic rifle that has a fixed magazine with the capacity to accept more than 15 rounds, except for an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition. (C) Any part, combination of parts, component, device, attachment, or accessory that is designed or functions to accelerate the rate of fire of a semiautomatic firearm but not convert the semiautomatic firearm into a machinegun. (D) A semiautomatic pistol that has— (i) a magazine that is not a fixed magazine; and (ii) any of the following: (I) A second pistol grip. (II) A barrel shroud. (III) The capacity to accept a detachable magazine at some location outside of the pistol grip. (IV) A semiautomatic version of an automatic firearm. (V) A manufactured weight of 50 ounces or more when unloaded. (VI) A stabilizing brace or similar component. (E) A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 15 rounds. (F) A semiautomatic shotgun that has— (i) the capacity to utilize a magazine that is not a fixed magazine; and (ii) any of the following: (I) A folding, telescoping, or detachable stock. (II) A pistol grip or bird's head grip. (III) A fixed magazine with the capacity to accept more than 5 rounds. (IV) The ability to accept a detachable magazine. (V) A forward grip. (VI) A grenade launcher. (G) Any shotgun with a revolving cylinder. (H) All of the following rifles, copies, duplicates, variants, or altered facsimiles with the capability of any such weapon thereof: (i) All AK types, including the following: (I) AK, AK47, AK47S, AK–74, AKM, AKS, ARM, MAK90, MISR, NHM90, NHM91, Rock River Arms LAR–47, SA85, SA93, Vector Arms AK–47, VEPR, WASR–10, and WUM. (II) IZHMASH Saiga AK. (III) MAADI AK47 and ARM. (IV) Norinco 56S, 56S2, 84S, and 86S. (V) Poly Technologies AK47 and AKS. (VI) SKS with a detachable magazine. (ii) All AR types, including the following: (I) AR–10. (II) AR–15. (III) Alexander Arms Overmatch Plus 16. (IV) Armalite M15 22LR Carbine. (V) Armalite M15–T. (VI) Barrett REC7. (VII) Beretta AR–70. (VIII) Black Rain Ordnance Recon Scout. (IX) Bushmaster ACR. (X) Bushmaster Carbon 15. (XI) Bushmaster MOE series. (XII) Bushmaster XM15. (XIII) Chiappa Firearms MFour rifles. (XIV) Colt Match Target rifles. (XV) CORE Rifle Systems CORE15 rifles. (XVI) Daniel Defense M4A1 rifles. (XVII) Devil Dog Arms 15 Series rifles. (XVIII) Diamondback DB15 rifles. (XIX) DoubleStar AR rifles. (XX) DPMS Tactical rifles. (XXI) DSA Inc. ZM–4 Carbine. (XXII) Heckler & Koch MR556. (XXIII) High Standard HSA–15 rifles. (XXIV) Jesse James Nomad AR–15 rifle. (XXV) Knight’s Armament SR–15. (XXVI) Lancer L15 rifles. (XXVII) MGI Hydra Series rifles. (XXVIII) Mossberg MMR Tactical rifles. (XXIX) Noreen Firearms BN 36 rifle. (XXX) Olympic Arms. (XXXI) POF USA P415. (XXXII) Precision Firearms AR rifles. (XXXIII) Remington R–15 rifles. (XXXIV) Rhino Arms AR rifles. (XXXV) Rock River Arms LAR–15. (XXXVI) Sig Sauer SIG516 rifles and MCX rifles. (XXXVII) Smith & Wesson M&P15 rifles. (XXXVIII) Stag Arms AR rifles. (XXXIX) Sturm, Ruger & Co. SR556 and AR–556 rifles. (XL) Uselton Arms Air-Lite M–4 rifles. (XLI) Windham Weaponry AR rifles. (XLII) WMD Guns Big Beast. (XLIII) Yankee Hill Machine Company, Inc. YHM–15 rifles. (iii) Barrett M107A1. (iv) Barrett M82A1. (v) Beretta CX4 Storm. (vi) Calico Liberty Series. (vii) CETME Sporter. (viii) Daewoo K–1, K–2, Max 1, Max 2, AR 100, and AR 110C. (ix) Fabrique Nationale/FN Herstal FAL, LAR, 22 FNC, 308 Match, L1A1 Sporter, PS90, SCAR, and FS2000. (x) Feather Industries AT–9. (xi) Galil Model AR and Model ARM. (xii) Hi-Point Carbine. (xiii) HK–91, HK–93, HK–94, HK–PSG–1, and HK USC. (xiv) IWI TAVOR, Galil ACE rifle. (xv) Kel-Tec Sub-2000, SU–16, and RFB. (xvi) SIG AMT, SIG PE–57, Sig Sauer SG 550, Sig Sauer SG 551, and SIG MCX. (xvii) Springfield Armory SAR–48. (xviii) Steyr AUG. (xix) Sturm, Ruger & Co. Mini-14 Tactical Rifle M–14/20CF. (xx) All Thompson rifles, including the following: (I) Thompson M1SB. (II) Thompson T1100D. (III) Thompson T150D. (IV) Thompson T1B. (V) Thompson T1B100D. (VI) Thompson T1B50D. (VII) Thompson T1BSB. (VIII) Thompson T1–C. (IX) Thompson T1D. (X) Thompson T1SB. (XI) Thompson T5. (XII) Thompson T5100D. (XIII) Thompson TM1. (XIV) Thompson TM1C. (xxi) UMAREX UZI rifle. (xxii) UZI Mini Carbine, UZI Model A Carbine, and UZI Model B Carbine. (xxiii) Valmet M62S, M71S, and M78. (xxiv) Vector Arms UZI Type. (xxv) Weaver Arms Nighthawk. (xxvi) Wilkinson Arms Linda Carbine. (I) All of the following pistols, copies, duplicates, variants, or altered facsimiles with the capability of any such weapon thereof: (i) All AK types, including the following: (I) Centurion 39 AK pistol. (II) CZ Scorpion pistol. (III) Draco AK–47 pistol. (IV) HCR AK–47 pistol. (V) IO Inc. Hellpup AK–47 pistol. (VI) Krinkov pistol. (VII) Mini Draco AK–47 pistol. (VIII) PAP M92 pistol. (IX) Yugo Krebs Krink pistol. (ii) All AR types, including the following: (I) American Spirit AR–15 pistol. (II) Bushmaster Carbon 15 pistol. (III) Chiappa Firearms M4 Pistol GEN II. (IV) CORE Rifle Systems CORE15 Roscoe pistol. (V) Daniel Defense MK18 pistol. (VI) DoubleStar Corporation AR pistol. (VII) DPMS AR–15 pistol. (VIII) Jesse James Nomad AR–15 pistol. (IX) Olympic Arms AR–15 pistol. (X) Osprey Armament MK–18 pistol. (XI) POF USA AR pistols. (XII) Rock River Arms LAR 15 pistol. (XIII) Uselton Arms Air-Lite M–4 pistol. (iii) Calico pistols. (iv) DSA SA58 PKP FAL pistol. (v) Encom MP–9 and MP–45. (vi) Heckler & Koch model SP–89 pistol. (vii) Intratec AB–10, TEC–22 Scorpion, TEC–9, and TEC–DC9. (viii) IWI Galil Ace pistol, UZI PRO pistol. (ix) Kel-Tec PLR 16 pistol. (x) All MAC types, including the following: (I) MAC–10. (II) MAC–11. (III) Masterpiece Arms MPA A930 Mini Pistol, MPA460 Pistol, MPA Tactical Pistol, and MPA Mini Tactical Pistol. (IV) Military Armament Corp. Ingram M–11. (V) Velocity Arms VMAC. (xi) Sig Sauer P556 pistol. (xii) Sites Spectre. (xiii) All Thompson types, including the following: (I) Thompson TA510D. (II) Thompson TA5. (xiv) All UZI types, including Micro-UZI. (J) All of the following shotguns, copies, duplicates, variants, or altered facsimiles with the capability of any such weapon thereof: (i) DERYA Anakon MC–1980, Anakon SD12. (ii) Doruk Lethal shotguns. (iii) Franchi LAW–12 and SPAS 12. (iv) All IZHMASH Saiga 12 types, including the following: (I) IZHMASH Saiga 12. (II) IZHMASH Saiga 12S. (III) IZHMASH Saiga 12S EXP–01. (IV) IZHMASH Saiga 12K. (V) IZHMASH Saiga 12K–030. (VI) IZHMASH Saiga 12K–040 Taktika. (v) Streetsweeper. (vi) Striker 12. (K) All belt-fed semiautomatic firearms, including TNW M2HB and FN M2495. (L) Any combination of parts from which a firearm described in subparagraphs (A) through (K) can be assembled. (M) The frame or receiver of a rifle or shotgun described in subparagraph (A), (B), (C), (F), (G), (H), (J), or (K). (37) The term barrel shroud — (A) means a shroud that is attached to, or partially or completely encircles, the barrel of a firearm so that the shroud protects the user of the firearm from heat generated by the barrel; and (B) does not include— (i) a slide that partially or completely encloses the barrel; or (ii) an extension of the stock along the bottom of the barrel which does not encircle or substantially encircle the barrel. (38) The term detachable magazine means an ammunition feeding device that can be removed from a firearm without disassembly of the firearm action. (39) The term fixed magazine means an ammunition feeding device that is contained in and not removable from or permanently fixed to the firearm. (40) The term folding, telescoping, or detachable stock means a stock that folds, telescopes, detaches or otherwise operates to reduce the length, size, or any other dimension, or otherwise enhances the concealability, of a firearm. (41) The term forward grip means a grip located forward of the trigger that functions as a pistol grip. (42) The term grenade launcher means an attachment for use on a firearm that is designed to propel a grenade or other similar destructive device. (43) The term pistol grip means a grip, a thumbhole stock or Thordsen-type grip or stock, or any other characteristic that can function as a grip. (44) The term belt-fed semiautomatic firearm means any repeating firearm that— (A) utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round; (B) requires a separate pull of the trigger to fire each cartridge; and (C) has the capacity to accept a belt ammunition feeding device. . (c) Prohibition on transfer to certain unlicensed persons Section 922 of such title is amended by adding at the end the following: (aa) Prohibition on transfer to certain unlicensed persons It shall be unlawful for any person to— (1) sell or otherwise dispose of an assault weapon to any person if such person does not have a license issued under section 935 or a substantially similar State law, as determined by the Attorney General, during the previous 30 days; or (2) fail to report to the relevant law enforcement agencies the sale or disposal described in paragraph (1). . (d) Penalties Section 924(a) of such title is amended by adding at the end the following: (9) Whoever knowingly violates section 935 or 922(aa) shall— (A) in the case of the 1st such violation by the person, be fined not more than $5,000, imprisoned not more than 1 year, or both; or (B) in the case of any subsequent such violation by the person, be fined not more than $15,000, imprisoned not more than 5 years, or both. . (e) Clerical amendment The table of sections for such chapter is amended by adding at the end the following: 935. License for the acquisition or receipt of assault weapons. . (f) Information-Sharing Section 103(e)(1)(C) of the Brady Handgun Violence Prevention Act ( 34 U.S.C. 40901(e)(1)(C) ) is amended by adding at the end the following: If a State or local agency has any record of any person demonstrating that the person falls within one of the categories of prohibition pertinent to the Interstate Identification Index, the National Crime Information Center, or any other index of the system, the head of the department or agency shall, not less frequently than quarterly, provide the pertinent information contained in the record to the Attorney General. . 3. Point-of-sale background checks (a) In general Section 922 of title 18, United States Code, as amended by section 2(c) of this Act, is amended by adding at the end the following: (bb) Point-of-Sale background checks (1) In general It shall be unlawful for any person who is not a licensed importer, licensed manufacturer, or licensed dealer to transfer an assault weapon to any other person who is not so licensed, unless a licensed importer, licensed manufacturer, or licensed dealer has first taken possession of the assault weapon for the purpose of complying with subsection (t). (2) Compliance Upon taking possession of an assault weapon under paragraph (1), a licensee shall comply with all requirements of this chapter as if the licensee were transferring the assault weapon from the inventory of the licensee to the unlicensed transferee. (3) Return If a transfer of an assault weapon described in paragraph (1) will not be completed for any reason after a licensee takes possession of the assault weapon (including because the transfer of the assault weapon to, or receipt of the assault weapon by, the transferee would violate this chapter), the return of the assault weapon to the transferor by the licensee shall not constitute the transfer of a firearm for purposes of this chapter. . (b) Penalties (1) Violations by non-licensees Section 924(a) of such title, as amended by section 2(d) of this Act, is amended by adding at the end the following: (10) Penalties for point-of-Sale background check violations by non-Licensees Whoever knowingly violates section 922(bb)(1) shall— (A) in the case of the 1st such violation by the person, be fined under this title, imprisoned not more than 1 year, or both; or (B) in the case of any subsequent violation by the person, be fined under this title, imprisoned not more than 5 years, or both. . (2) Violations by licensees Section 924(a)(5) of such title is amended by striking (s) or (t) and inserting (s), (t), or (bb)(2) . 4. Effective date The amendments made by this Act shall take effect on the date that is 18 months after the date of the enactment of this Act.