Firearm Owners Responsibility and Safety Act

Bill: 117-hr-4836
Sponsor: full_name: Rep. McEachin, A. Donald [D-VA-4]
Introduced: 2021-07-29
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: 2021-07-29
action_desc: Introduced in House
text: <p><strong>Firearm Owners Responsibility and Safety Act</strong></p> <p>This bill establishes a framework to regulate the storage of firearms at the federal, state, and tribal levels. The bill also removes limitations on the civil liability of gun manufacturers and the disclosure of gun trace data in civil actions.</p> <p>Among its provisions, the bill</p> <ul> <li>generally requires firearms to be kept, left, or stored in a secure gun storage or safety device; </li> <li>requires the Department of Justice to award grants to states and tribes to implement firearms safe storage requirements that are functionally identical to the requirements established by this bill; </li> <li>repeals the Protection of Lawful Commerce in Arms Act, which prohibits civil actions against a firearm or ammunition manufacturer, seller, importer, dealer, or trade association for damages resulting from the criminal or unlawful misuse of a firearm; and </li> <li>allows firearms trace data maintained by the Bureau of Alcohol, Tobacco, Firearms and Explosives to be discoverable, admissible as evidence, and used, relied on, or disclosed in a civil action or administrative proceeding. </li> </ul>

tv_txt: I 117th CONGRESS 1st Session H. R. 4836 IN THE HOUSE OF REPRESENTATIVES July 29, 2021 Mr. McEachin introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend chapter 44 of title 18, United States Code, to require the safe storage of firearms, and for other purposes.

1. Short title This Act may be cited as Firearm Owners Responsibility and Safety Act . 2. Secure gun storage or safety device Section 922(z) of title 18, United States Code, is amended by adding at the end the following: (4) Secure gun storage by owners (A) Offense (i) In general It shall be unlawful for a person to keep, leave, or store any unsecured firearm that has moved in, or that has otherwise affected, interstate or foreign commerce, unless the person carries the firearm on his or her person or within such close proximity thereto that the person can readily retrieve and use the firearm as if the person carried the firearm on his or her person. (ii) Unsecured firearm In clause (i), the term unsecured firearm means a firearm that is not secured by a secure gun storage or safety device. (B) Private right of action (i) In general An individual who is injured as a result of a violation of subparagraph (A) (or, in the case of an individual who has died as a result of such a violation, a member of the family of, or the estate of, the individual) may bring a civil action against the violator or any other person who, when the violation occurred, was in control of any premises on which the violation occurred if the violator knew or should have known that there was an unsecured firearm on the premises, in a court of competent jurisdiction, for compensatory and punitive damages, injunctive and declaratory relief, and such other relief as the court deems appropriate. (ii) Joint and several liability In an action described in clause (i), the liability of all defendants shall be joint and several. (iii) Rule of interpretation For purposes of any determination of liability covered by any contract of insurance entered into after the date of the enactment of this subparagraph, a violation of subparagraph (A) shall not solely be considered an intentional action. (iv) No effect on State law This subparagraph shall not be interpreted to preempt, supplant, or displace any claim brought under State statutory law or common law. . 3. Firearm Safe Storage Program Title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10101 et seq. ) is amended by adding at the end the following: OO Firearm Safe Storage Program 3051. Firearm Safe Storage Program (a) In general The Assistant Attorney General shall make grants to an eligible State or Indian Tribe to assist the State or Indian Tribe in carrying out the provisions of any State or Tribal law that is functionally identical to section 922(z)(4) of title 18, United States Code. (b) Eligible State or Indian Tribe (1) In general Except as provided in paragraph (2), a State or Indian Tribe shall be eligible to receive grants under this section on and after the date on which the State or Indian Tribe— (A) enacts legislation functionally identical to section 922(z)(4) of title 18, United States Code; and (B) the attorney general of the State (or comparable Tribal official) submits a written certification to the Assistant Attorney General stating that the law of the State or Indian Tribe is consistent with the requirements under section 922(z)(4)(D) of such title 18. (2) First year eligibility exception (A) In general A covered State or Indian Tribe shall be eligible to receive a grant under this section during the 1-year period beginning on the date of enactment of this part. (B) Covered State or Indian Tribe In this paragraph, the term covered State or Indian Tribe means a State or Indian Tribe that, before the date of enactment of this part, enacted legislation— (i) that is functionally identical to section 922(z)(4) of title 18, United States Code; and (ii) for which the attorney general of the State (or comparable Tribal official) submits a written certification to the Assistant Attorney General stating that the law of the State or Indian Tribe is consistent with the requirements under section 922(z)(4)(D) of such title 18. (c) Use of funds Funds awarded under this section may be used by a State or Indian Tribe to assist law enforcement agencies or the courts of the State or Indian Tribe in enforcing and otherwise facilitating compliance with any State law functionally identical to section 922(z)(4), of title 18, United States Code. (d) Application An eligible State or Indian Tribe desiring a grant under this section shall submit to the Assistant Attorney General an application at such time, in such manner, and containing or accompanied by such information, as the Assistant Attorney General may reasonably require. (e) Incentives For each of fiscal years 2019 through 2023, the Attorney General shall give affirmative preference to all Bureau of Justice Assistance discretionary grant applications of a State or Indian Tribe that has enacted legislation— (1) functionally identical to section 922(z)(4) of title 18, United States Code; and (2) for which the attorney general of the State (or comparable Tribal official) submits a written certification to the Assistant Attorney General stating that the law of the State or Indian Tribe is consistent with the requirements under section 922(z)(4)(D) of such title 18. . 4. Repeal of certain provisions of the Protection of Lawful Commerce in Arms Act Sections 2 through 4 of the Protection of Lawful Commerce in Arms Act ( 15 U.S.C. 7901–7903 ) are repealed. 5. Discovery and admissibility of gun trace information in civil proceedings The contents of the Firearms Trace System database maintained by the National Trace Center of the Bureau of Alcohol, Tobacco, Firearms and Explosives shall not be immune from legal process, shall be subject to subpoena or other discovery, shall be admissible as evidence, and may be used, relied on, or disclosed in any manner, and testimony or other evidence may be permitted based on the data, on the same basis as other information, in a civil action in any State (including the District of Columbia) or Federal court or in an administrative proceeding. 6. Report on implementation Not later than 2 years after the date of enactment of this Act, and annually thereafter, the Attorney General shall submit a report to Congress on the implementation of this Act and the amendments made by this Act, including a disaggregation of the application of such amendments to individuals by sex, race, age, ethnicity, national origin, and English language proficiency. 7. Severability If any provision of this Act, or an amendment made by this Act, or the application of such provision to any person or circumstance, is held to be invalid, the remainder of this Act, or an amendment made by this Act, or the application of such provision to other persons or circumstances, shall not be affected.