[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4081 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 4081
To provide for the licensing of firearm and ammunition possession and
the registration of firearms, and to prohibit the possession of certain
ammunition.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 26, 2019
Ms. Jackson Lee introduced the following bill; which was referred to
the Committee on the Judiciary
_______________________________________________________________________
A BILL
To provide for the licensing of firearm and ammunition possession and
the registration of firearms, and to prohibit the possession of certain
ammunition.
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 ``Sabika Sheikh Firearm Licensing and
Registration Act''.
SEC. 2. LICENSING OF FIREARM AND AMMUNITION POSSESSION; REGISTRATION OF
FIREARMS.
(a) Firearm Licensing and Registration System.--
(1) In general.--Chapter 44 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 932. Licensing of firearm and ammunition possession;
registration of firearms
``(a) In General.--The Attorney General, through the Bureau of
Alcohol, Tobacco, Firearms and Explosives, shall establish a system for
licensing the possession of firearms or ammunition in the United
States, and for the registration with the Bureau of each firearm
present in the United States.
``(b) Firearm Registration System.--
``(1) Required information.--Under the firearm registration
system, the owner of a firearm shall transmit to the Bureau--
``(A) the make, model, and serial number of the
firearm, the identity of the owner of the firearm, the
date the firearm was acquired by the owner, and where
the firearm is or will be stored; and
``(B) a notice specifying the identity of any
person to whom, and any period of time during which,
the firearm will be loaned to the person.
``(2) Deadline for supplying information.--The transmission
required by paragraph (1) shall be made--
``(A) in the case of a firearm acquired before the
effective date of this section, within 3 months after
the effective date of this section; or
``(B) in the case of a firearm acquired on or after
the effective date, on the date the owner acquires the
firearm.
``(3) Database.--
``(A) In general.--The Attorney General shall
establish and maintain a database of all firearms
registered pursuant to this subsection.
``(B) Access.--The Attorney General shall make the
contents of the database accessible to all members of
the public, all Federal, State, and local law
enforcement authorities, all branches of the United
States Armed Forces, and all State and local
governments, as defined by the Bureau.
``(c) Licensing System.--
``(1) Requirements.--
``(A) General license.--Except as otherwise
provided in this subsection, the Attorney General shall
issue to an individual a license to possess a firearm
and ammunition if the individual--
``(i) has attained 21 years of age;
``(ii) after applying for the license--
``(I) undergoes a criminal
background check conducted by the
national instant criminal background
check system established under section
103 of the Brady Handgun Violence
Prevention Act, and the check does not
indicate that possession of a firearm
by the individual would violate
subsection (g) or (n) of section 922 or
State law;
``(II) undergoes a psychological
evaluation conducted in accordance with
paragraph (2), and the evaluation does
not indicate that the individual is
psychologically unsuited to possess a
firearm; and
``(III) successfully completes a
training course, certified by the
Attorney General, in the use, safety,
and storage of firearms, that includes
at least 24 hours of training; and
``(iii) demonstrates that, on issuance of
the license, the individual will have in effect
an insurance policy issued under subsection
(d).
``(B) Antique firearm display license.--The
Attorney General shall issue to an individual a license
to display an antique firearm in a residence of the
individual if the individual--
``(i) is the holder of a license issued
under subparagraph (A);
``(ii) supplies proof that the individual
owns an antique firearm;
``(iii) describes the manner in which the
firearm will be displayed in accordance with
regulations prescribed by the Attorney General,
and certifies that the firearm will be so
displayed; and
``(iv) demonstrates that the individual has
provided for storage of the firearm in a safe
or facility approved by the Attorney General
for the storage of firearms.
``(C) Military-style weapons license.--The Attorney
General shall issue to an individual a license to own
and possess a military-style weapon if the individual--
``(i) is the holder of a license issued
under subparagraph (A); and
``(ii) after applying for a license under
this subparagraph, successfully completes a
training course, certified by the Attorney
General, in the use, safety, and storage of the
weapon, that includes at least 24 hours of
training and live fire training.
``(2) Psychological evaluation.--A psychological evaluation
is conducted in accordance with this paragraph if--
``(A) the evaluation is conducted in compliance
with such standards as shall be established by the
Attorney General;
``(B) the evaluation is conducted by a licensed
psychologist approved by the Attorney General;
``(C) as deemed necessary by the licensed
psychologist involved, the evaluation included a
psychological evaluation of other members of the
household in which the individual resides; and
``(D) as part of the psychological evaluation, the
licensed psychologist interviewed any spouse of the
individual, any former spouse of the individual, and at
least 2 other persons who are a member of the family
of, or an associate of, the individual to further
determine the state of the mental, emotional, and
relational stability of the individual in relation to
firearms.
``(3) Denial of license.--
``(A) Required.--The Attorney General shall deny
such a license to an individual if--
``(i) the individual is prohibited by
Federal law from possessing a firearm; or
``(ii) the individual has been
hospitalized--
``(I) with a mental illness,
disturbance, or diagnosis (including
depression, homicidal ideation,
suicidal ideation, attempted suicide,
or addiction to a controlled substance
(within the meaning of the Controlled
Substances Act) or alcohol), or a brain
disease (including dementia or
Alzheimer's); or
``(II) on account of conduct that
endangers self or others.
``(B) Authorized.--The Attorney General may deny
such a license to an individual if--
``(i) the psychological evaluation referred
to in paragraph (2) indicates that the
individual--
``(I) has a chronic mental illness
or disturbance, or a brain disease,
referred to in subparagraph (A)(ii)(I);
``(II) is addicted to a controlled
substance (within the meaning of the
Controlled Substances Act) or alcohol;
or
``(III) has attempted to commit
suicide; or
``(ii) prior psychological treatment or
evaluation of the individual indicated that the
individual engaged in conduct that posed a
danger to self or others.
``(4) Suspension of license.--
``(A) In general.--A license issued under this
subsection to an individual who is under indictment for
a crime punishable by imprisonment for a term exceeding
1 year is hereby suspended.
``(B) Authorized for lack of firearm insurance.--
The Attorney General may suspend a license issued under
this subsection to an individual who has violated
section 922(dd) in the most recent 12-month period.
``(5) Revocation of license.--A license issued under this
subsection to an individual who is or becomes prohibited by
Federal or State law from possessing a firearm is hereby
revoked. Such an individual shall immediately return the
license, and surrender all firearms and ammunition owned or
possessed by the individual, to the Attorney General.
``(6) Expiration of license.--A license issued to an
individual under this subsection shall expire--
``(A) in the case of a license that has been in
effect for less than 5 years, 1 year after issuance or
renewal, as the case may be; or
``(B) in the case of a license that has been in
effect for at least 5 years, 3 years after the most
recent date the license is renewed.
``(7) Renewal of license.--The Attorney General shall renew
a license issued to an individual under this subsection if the
individual--
``(A) requests the renewal by the end of the 60-day
period that begins with the date the license expires;
``(B) in the 3-year period ending with the date the
renewal is requested--
``(i) has met the requirement of paragraph
(1)(A)(ii)(II); and
``(ii) has successfully completed a
training course, certified by the Attorney
General, in the use, safety, and storage of
firearms, that includes at least 8 hours of
training;
``(C) meets the requirement of paragraph
(1)(A)(iii); and
``(D) in the case of a license issued under
paragraph (1)(C), in the 2-year period ending with the
date the renewal is requested, has successfully
completed a training course, certified by the Attorney
General, that includes at least 8 hours of training in
the use of the weapon subject to the license.
``(d) Firearm Insurance.--
``(1) In general.--The Attorney General shall issue to any
person who has applied for a license pursuant to subsection (c)
and has paid to the Attorney General the fee specified in
paragraph (2) of this subsection a policy that insures the
person against liability for losses and damages resulting from
the use of any firearm by the person during the 1-year period
that begins with the date the policy is issued.
``(2) Fee.--The fee specified in this paragraph is $800.''.
(2) Military-style weapon defined.--Section 921(a) of such
title is amended by inserting after paragraph (29) the
following:
``(30) The term `military-style weapon' means--
``(A) any of the firearms, or copies or duplicates of the
firearms in any caliber, known as--
``(i) Norinco, Mitchell, and Poly Technologies
Avtomat Kalashnikovs (all models);
``(ii) Action Arms Israeli Military Industries UZI
and Galil;
``(iii) Beretta Ar70 (SC-70);
``(iv) Colt AR-15;
``(v) Fabrique National FN/FAL, FN/LAR, and FNC;
``(vi) SWD M-10, M-11, M-11/9, and M-12;
``(vii) Steyr AUG;
``(viii) INTRATEC TEC-9, TEC-DC9 and TEC-22; and
``(ix) revolving cylinder shotguns, such as (or
similar to) the Street Sweeper and Striker 12;
``(B) a semiautomatic rifle that has an ability to accept a
detachable magazine and has at least 2 of--
``(i) a folding or telescoping stock;
``(ii) a pistol grip that protrudes conspicuously
beneath the action of the weapon;
``(iii) a bayonet mount;
``(iv) a flash suppressor or threaded barrel
designed to accommodate a flash suppressor; and
``(v) a grenade launcher;
``(C) a semiautomatic pistol that has an ability to accept
a detachable magazine and has at least 2 of--
``(i) an ammunition magazine that attaches to the
pistol outside of the pistol grip;
``(ii) a threaded barrel capable of accepting a
barrel extender, flash suppressor, forward handgrip, or
silencer;
``(iii) a shroud that is attached to, or partially
or completely encircles, the barrel and that permits
the shooter to hold the firearm with the nontrigger
hand without being burned;
``(iv) a manufactured weight of 50 ounces or more
when the pistol is unloaded; and
``(v) a semiautomatic version of an automatic
firearm; and
``(D) a semiautomatic shotgun that has at least 2 of--
``(i) a folding or telescoping stock;
``(ii) a pistol grip that protrudes conspicuously
beneath the action of the weapon;
``(iii) a fixed magazine capacity in excess of 5
rounds; and
``(iv) an ability to accept a detachable
magazine.''.
(3) Clerical amendment.--The table of sections for such
chapter is amended by adding at the end the following:
``932. Licensing of firearm and ammunition possession; registration of
firearms.''.
(4) Deadline for establishment.--Within 1 year after the
date of the enactment of this Act, the Attorney General shall
prescribe final regulations to implement the amendments made by
this subsection.
(b) Prohibitions; Penalties.--
(1) Prohibitions.--Section 922 of such title is amended by
adding at the end the following:
``(aa) It shall be unlawful for a person to possess a firearm or
ammunition, unless--
``(1) the person is carrying a valid license issued under
section 932(c)(1); and
``(2)(A) in the case of a firearm owned by the person, the
firearm is registered to the person under section 932(b); or
``(B) in the case of a firearm owned by another person--
``(i) the firearm is so registered to such other
person; and
``(ii) such other person has notified the Attorney
General that the firearm has been loaned to the person,
and the possession is during the loan period specified
in the notice.
``(bb)(1) It shall be unlawful for a person to transfer a firearm
or ammunition to a person who is not licensed under section 932(c)(1).
``(2) It shall be unlawful for a person to sell or give a firearm
or ammunition to another person unless the person has notified the
Attorney General of the sale or gift.
``(3) It shall be unlawful for a person to loan a firearm or
ammunition to another person unless the person has notified the
Attorney General of the loan, including the identity of such other
person and the period for which the loan is made.
``(4) It shall be unlawful for a person holding a valid license
issued under section 932(c)(1) to transfer a firearm to an individual
who has not attained 18 years of age.
``(cc) A person who possesses a firearm or to whom a license is
issued under section 932(c)(1) shall have in effect an insurance policy
issued under section 932(d).''.
(2) Penalties.--Section 924(a) of such title is amended by
adding at the end the following:
``(8) Whoever knowingly violates section 922(aa) shall be fined not
less than $75,000 and not more than $150,000, imprisoned not less than
15 years and not more than 25 years, or both.
``(9)(A) Whoever knowingly violates section 922(bb)(1) shall be
fined not less than $50,000 and not more than $75,000, imprisoned not
less than 10 years and not more than 15 years, or both.
``(B) Whoever knowingly violates section 922(bb)(2) shall be fined
not less than $30,000 and not more than $50,000, imprisoned not less
than 5 years and not more than 10 years, or both.
``(C) Whoever knowingly violates section 922(bb)(3) shall be fined
not less than $5,000 and not more than $10,000.
``(D) Whoever knowingly violates section 922(bb)(4) shall be fined
not less than $75,000 and not more than $100,000, imprisoned not less
than 15 years and not more than 25 years, or both, except that if the
transferee of the firearm possess or uses the firearm during or in
relation to a crime, an unintentional shooting, or suicide, the
transferor shall be fined not less than $100,000 and not more than
$150,000, imprisoned not less than 25 years and not more than 40 years,
or both.
``(10) Whoever knowingly violates section 922(cc) shall be fined
not less than $50,000 and not more than $100,000, imprisoned not less
than 10 years and not more than 20 years, or both.''.
(3) Conforming amendments.--
(A) Elimination of prohibition on establishment of
centralized firearm registration system.--Section
926(a) of such title is amended by striking the 2nd
sentence.
(B) Applicability to governmental and military
firearms and ammunition.--Section 925(a) of such title
is amended in each of paragraphs (1) and (2), by
inserting ``and except for section 932,'' after the 2nd
comma.
(4) Effective date.--The amendments made by this subsection
shall take effect on the date final regulations are prescribed
under subsection (a)(4).
SEC. 3. PROHIBITION ON POSSESSION OF CERTAIN AMMUNITION.
(a) In General.--Section 922 of title 18, United States Code, as
amended by section 2 of this Act, is amended by adding at the end the
following:
``(dd)(1) It shall be unlawful for any person to possess ammunition
that is 0.50 caliber or greater.
``(2)(A) It shall be unlawful for any person to possess a large
capacity ammunition feeding device.
``(B) Subparagraph (A) shall not apply to--
``(i) the manufacture for, or possession by, the United
States or a department or agency of the United States or a
State or a department, agency, or political subdivision of a
State, or the possession by a law enforcement officer employed
by such an entity for purposes of law enforcement (whether on
or off duty);
``(ii) the possession by an employee or contractor of a
licensee under title I of the Atomic Energy Act of 1954 on-site
for purposes of establishing and maintaining an on-site
physical protection system and security organization required
by Federal law, or off-site for purposes of licensee-authorized
training or transportation of nuclear materials;
``(iii) the manufacture or possession by a licensed
manufacturer or licensed importer for the purposes of testing
or experimentation authorized by the Attorney General; or
``(iv) the manufacture for, or possession by, an
organization that provides firearm training and that is
registered with the Attorney General, or the possession by an
individual to whom such an organization is providing firearm
training during and at the location of the training.''.
(b) Large Capacity Ammunition Feeding Device Defined.--Section
921(a) of such title, as amended by section 1 of this Act, is amended
by inserting after paragraph (30) the following:
``(31) The term `large capacity ammunition feeding device' means a
magazine, belt, drum, feed strip, or similar device that has a capacity
of, or that can be readily restored or converted to accept, more than
10 rounds of ammunition, but does not include an attached tubular
device designed to accept, and capable of operating only with, .22
caliber rimfire ammunition.''.
(c) Penalties.--Section 924(a) of such title, as amended by section
2 of this Act, is amended by adding at the end the following:
``(11)(A) Whoever knowingly violates section 922(dd)(1) shall be
fined not less than $50,000 and not more than $100,000, imprisoned not
less than 10 years and not more than 20 years, or both.
``(B) Whoever knowingly violates section 922(dd)(2) shall be fined
not less than $10,000 and not more than $25,000, imprisoned not less
than 1 year and not more than 5 years, or both.''.
<all>
Sabika Sheikh Firearm Licensing and Registration Act
#4081 | HR Congress #116
Policy Area: Crime and Law Enforcement
Last Action: Referred to the Subcommittee on Crime, Terrorism, and Homeland Security. (8/28/2019)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text