Firearm Destruction Licensure Act of 2024

Bill: 118-hr-8991
Sponsor: full_name: Rep. Schiff, Adam B. [D-CA-30]
Introduced: 2024-07-10
Policy area: Crime and Law Enforcement
Latest action: action_date: 2024-07-10
text: Referred to the House Committee on the Judiciary.

Summaries:

tv_txt: I 118th CONGRESS 2d Session H. R. 8991 IN THE HOUSE OF REPRESENTATIVES July 10, 2024 Mr. Schiff (for himself, Mr. Goldman of New York , Mr. Amo , and Mr. Frost ) 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 prohibit a person from engaging in the business of destroying firearms unless such person has received a license to do so from the Attorney General, and for other purposes.

1. Short title This Act may be cited as the Firearm Destruction Licensure Act of 2024 . 2. License required to engage in the business of destroying firearms (a) Definitions Section 921(a) of title 18, United States Code, is amended— (1) in paragraph (11)— (A) by striking or (C) and inserting (C) ; and (B) by inserting , or (D) any person who is a firearm destroyer after pawnbroker ; (2) in paragraph (21)— (A) by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (G), respectively; and (B) by inserting after subparagraph (D) the following: (E) as applied to destroying firearms, engaging in a business or occupation that includes receiving a firearm for the purposes of destroying such firearm; ; and (3) by adding at the end the following: (38) The term firearm destroyer — (A) means any person engaged in the business of destroying firearms; and (B) does not include a local law enforcement authority, Federal law enforcement agency, or any other entity of a Federal, State, local, or Tribal government. (39) The term covered method of firearm destruction means a method that renders a firearm and all parts, attachments, accessories, or other components received with such firearm unable to be restored to working condition and otherwise reduced to scrap. . (b) Unlawful acts Section 922 of title 18, United States Code, is amended— (1) in subsection (a)(1)— (A) in subparagraph (A) by striking ; or and inserting a semicolon; (B) in subparagraph (B) by adding or at the end; and (C) by adding at the end the following: (C) except a licensed dealer to engage in the business of destroying firearms; ; and (2) in subsection (u) by inserting destroying, after manufacturing, . (c) Licensing Section 923 of title 18, United States Code, is amended— (1) in subsection (a) by inserting destroying, before or dealing ; (2) in subsection (d)(1)(G)— (A) by striking that secure and inserting the following: that— (i) secure ; (B) by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (ii) if the applicant receives a firearm from a local law enforcement authority, Federal law enforcement agency, or any other entity of a Federal, State, local, or Tribal government for the purposes of destroying such firearm, the applicant will destroy such firearm using a covered method of firearm destruction. ; (3) in subsection (g)— (A) in paragraph (1)(A) by inserting destruction, after sale, ; and (B) by adding at the end the following: (8) (A) Not later than 1 year after the effective date of the Firearm Destruction Licensure Act of 2024, and each year thereafter, each licensed dealer who is a firearm destroyer shall submit a report to the Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives on the number of firearms the licensed dealer destroyed during the previous year, including the number of firearms that the licensed dealer— (i) received for the purposes of destroying such firearms; (ii) received from a local law enforcement authority, Federal law enforcement agency, or any other entity of a Federal, State, local, or Tribal government and destroyed using a covered method of firearm destruction; and (iii) destroyed other than pursuant to clause (ii), including the number of firearms whereby the licensed dealer destroyed the frame, receiver, or other part, attachment, accessory, or other component of a firearm but did not render all parts, attachments, accessories, or other components received with such firearm unable to be restored to working condition and otherwise reduced to scrap. (B) The Attorney General, acting through the Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, shall make publicly available— (i) each report submitted under subparagraph (A); and (ii) an aggregate of the information submitted under subparagraph (A). ; and (4) by adding at the end the following: (m) A licensed dealer who receives a firearm from a local law enforcement authority, Federal law enforcement agency, or any other entity of a Federal, State, local, or Tribal government for the purposes of destroying such firearm shall— (1) destroy such firearm using a covered method of firearm destruction, unless the licensed dealer and such entity agree otherwise; and (2) make publicly available information regarding any amount the licensed dealer charges a local law enforcement authority, Federal law enforcement agency, or any other entity of a Federal, State, local, or Tribal government to destroy firearms. . (d) Penalties Section 924(a)(5) of title 18, United States Code, is amended by inserting (a)(1)(C), before (s) or (t) . (e) Grants for destroying firearms The Brady Handgun Violence Prevention Act ( Public Law 103–159 ) is amended by adding at the end the following: 107. Grants for destroying firearms (a) In general Beginning not later than 1 year after the effective date of the Firearm Destruction Licensure Act of 2024, the Attorney General, acting through the Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, shall award grants to eligible entities for the purposes of paying a licensed dealer to destroy firearms using a covered method of firearm destruction. (b) Definitions In this section: (1) Covered method of firearm destruction; licensed dealer The terms covered method of firearm destruction and licensed dealer have the meanings given such terms in section 921(a) of title 18, United States Code. (2) Eligible entity The term eligible entity means a State, local, or Tribal government. (3) State The term State means each of the several States, the District of Columbia, and any commonwealth, territory, or possession of the United States. (c) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary. . (f) Applicability; rulemaking (1) Applicability (A) In general The amendments made by this section shall apply with respect to a dealer who obtains a license under section 923 of title 18, United States Code, prior to the effective date of this section. (B) Certification of compliance Not later than the effective date of this section, a dealer who obtains a license under section 923 of title 18, United States Code, prior to the effective date of this section shall submit to the Attorney General the certification required under section 923(d)(1)(G)(ii) of such title (as amended by this Act). (C) Failure to comply The Attorney General may, after notice and opportunity for hearing, revoke the license of a dealer issued under section 923 of title 18, United States Code, if the holder of such license willfully violates subparagraph (B). (2) Rulemaking Not later than 180 days after the date of enactment of this Act, the Attorney General, acting through the Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, shall issue a final rule to implement this section, including by prescribing— (A) acceptable methods of destruction to render a firearm and all parts, attachments, accessories, or other components received with such firearm unable to be restored to working condition and otherwise reduced to scrap; and (B) records or documents required to be kept by a licensed dealer who is a firearm destroyer. (3) Definitions In this subsection, the terms dealer , firearm destroyer , and licensed dealer have the meanings given such terms in section 921(a) of title 18, United States Code (as amended by this Act). (g) Effective date The amendments made by this Act shall take effect 180 days after the date of enactment of this Act.