H.R. 2005: Personalized Handgun Safety Act

113th Congress, 2013–2015. Text as of May 15, 2013 (Introduced).

Status & Summary | PDF | Source: GPO and Cato Institute Deepbills

I

113th CONGRESS

1st Session

H. R. 2005

IN THE HOUSE OF REPRESENTATIVES

May 15, 2013

(for himself, Mr. Capuano, Mr. Cummings, Mr. Farr, Ms. Hahn, Mr. Keating, Ms. Lofgren, Mrs. Carolyn B. Maloney of New York, Mr. Markey, Mr. McGovern, Mr. Moran, Mrs. Napolitano, Ms. Speier, and Ms. Tsongas) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To provide for the development and use of technology for personalized handguns, to require that, within 3 years, all handguns manufactured or sold in, or imported into, the United States incorporate such technology, and for other purposes.

1.

Short title

This Act may be cited as the Personalized Handgun Safety Act .

2.

Findings

The Congress finds as follows:

(1)

It is in the interest of the Nation to protect its citizens from handgun violence and accidental firearm deaths.

(2)

Personalizing handguns would disallow unauthorized users, whether they be children, criminals, or others, from misusing the weapons.

(3)

Personalizing handguns would allow for authorized users to continue to lawfully own and use their handgun more safely.

(4)

In 2011, according to the Centers for Disease Control (CDC), there were 851 accidental firearm deaths.

(5)

In 2010, according to the CDC, 62 people under the age of 15 were killed accidentally with firearms.

(6)

Almost 350,000 incidents of firearm theft from private citizens occur annually according to the National Crime Victimization Survey.

(7)

According to the Federal Bureau of Investigation, 45 law enforcement officers were killed with their own firearm between 2002 and 2011.

(8)

According to the Federal Bureau of Investigation, almost half of all murders in the United States in 2011 were committed with handguns.

I

Technology for Personalized Handguns Grants

101.

Authorization

The Attorney General, acting through the Director of the National Institute of Justice (referred to in this title as the Director), shall make grants to qualified entities to develop technology for personalized handguns.

102.

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.

103.

Uses of funds

A qualified entity receiving a grant under this title—

(1)

shall use not less than 70 percent of such funds to develop technology for personalized handguns;

(2)

may use not more than 20 percent of such funds to develop technology for retrofitted personalized handguns; and

(3)

may use not more than 10 percent of such funds for administrative costs associated with the development of technology funded under this title.

104.

Term; renewal

(a)

Term

A grant awarded under this title shall be for a term of one year.

(b)

Renewal

A qualified entity receiving a grant under this title may renew such 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.

105.

Reports

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. The Director shall transmit to Congress each year a report containing a summary of such information received.

106.

Regulations

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

107.

Definitions

In this title:

(1)

Handgun

The term handgun has the meaning given the term in section 921(a)(29) of title 18, United States Code.

(2)

Personalized handgun

The term personalized handgun means a handgun that—

(A)

enables only the authorized users of a handgun to fire such handgun; and

(B)

was manufactured in such a manner that the firing restriction described in subparagraph (A)

(i)

is incorporated into the design of the handgun, and is not sold as an accessory; and

(ii)

cannot be readily removed or deactivated.

(3)

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. 2001)).

(4)

Retrofitted personalized handgun

The term retrofitted personalized handgun means a handgun fitted with a device that—

(A)

enables only the authorized users of a handgun to fire such handgun; and

(B)

cannot be readily removed or deactivated.

108.

Authorization of appropriations

There is authorized to be appropriated to carry out this title $2,000,000 for fiscal years 2015 and 2016.

II

Consumer Product Safety Commission safety standard

201.

Consumer product safety standard

(a)

Establishment of standard

Notwithstanding section 3(a)(5)(E) of the Consumer Product Safety Act (15 U.S.C. 2052(a)(5)(E)), the Consumer Product Safety Commission, in consultation with the Attorney General and the Director of the National Institute of Justice, shall promulgate a consumer product safety standard under section 7(a) of such Act ( 15 U.S.C. 2056(a) ) for handguns.

(b)

Standard Requirements

The standard established under subsection (a) shall require that—

(1)

effective 2 years after the date of the enactment of this Act, handguns manufactured in the United States must be personalized handguns; and

(2)

effective 3 years after the date of the enactment of this Act, handguns sold, offered for sale, traded, transferred, shipped, leased, or distributed in the United States must be—

(A)

personalized handguns, if manufactured on or after the effective date in paragraph (1); or

(B)

retrofitted personalized handguns, if manufactured before the effective date in paragraph (1).

(c)

Exemptions

(1)

Antique firearms

The standard established under subsection (a) shall not require retrofitting or personalization of antique firearms.

(2)

Military firearms

The standard established under subsection (a) shall not apply to a firearm that is owned by the Department of Defense.

(d)

Cost of retrofitting

(1)

In general

Except as provided in paragraph (2), the cost of retrofitting a handgun as required under subsection (b) shall be borne by the manufacturer of the handgun if the manufacturer is operational at the time the retrofit is required.

(2)

Reimbursement

Section 524(c) of title 28, United States Code, is amended—

(A)

in subparagraph (H), by striking ; and and inserting a semicolon;

(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 as required by section 201(b)(2)(B) of the Personalized Handgun Safety Act.

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(e)

Availability of an action on behalf of a State

If an attorney general of a State, or an official or agency of a State, has reason to believe that an interest of the residents of such State has been or is threatened or adversely affected by any person who violates this title, the attorney general, official, or agency may bring a civil action on behalf of the residents of such State against a seller or manufacturer of handguns in an appropriate district court of the United States to enjoin further violations of this title and for other relief as may be appropriate.

202.

Definitions

In this title:

(1)

Authorized user

The term authorized user, with respect to a firearm, means the lawful owner of the firearm and any individual authorized by the owner to use the firearm who is allowed to own, carry, or use a firearm in the State where the firearm is being used.

(2)

Handgun and antique firearm

The terms handgun and antique firearm have the meanings given such terms in section 921 of title 18, United States Code.

(3)

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)

was manufactured in such a manner that the firing restriction described in subparagraph (A)

(i)

is incorporated into the design of the handgun; and

(ii)

cannot be readily removed or deactivated.

(4)

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)

attaches to the handgun in a manner such that the device cannot be readily removed or deactivated.

III

Exemption from the Protection of Lawful Commerce in Arms Act

301.

Exemptions from the Protection of Lawful Commerce in Arms Act

Section 4 of the Protection of Lawful Commerce in Arms Act ( Public Law 109–92 ) is amended—

(1)

in paragraph (4), by adding at the end the following: Notwithstanding the preceding sentence, the term qualified product does not include any handgun manufactured after the 2-year period that begins with the date of the enactment of this sentence that is not a personalized handgun or a retrofitted personalized handgun.; and

(2)

by adding at the end the following:

(10)

Authorized user

The term authorized user, with respect to a handgun, means the lawful owner of the handgun and any individual authorized by the owner to use the handgun who is allowed to own, carry, or use a handgun in the State where the handgun is being used.

(11)

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)

was manufactured in such a manner that the firing restriction described in subparagraph (A)

(i)

is incorporated into the design of the handgun; and

(ii)

cannot be readily removed or deactivated.

(12)

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)

attaches to the handgun in a manner such that the device cannot be readily removed or deactivated.

(13)

Handgun

The term handgun has the meaning given the term in section 921(a)(29) of title 18, United States Code.

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