Sent: Wednesday, January 14, 2009 8:14 PM
Subject: HR .45
Please forward widely, but not with my name on
1. It creates a national firearms licensing
2. The license is good for 5 years and must be renewed every five
3. The licenses are "shall issue", but there is no mandated turn
around time for issuance of a license.
4. It mandates that firearms transfers
must be conducted by a licensed firearms dealer with a background check.
It mandates that the licensed firearms dealer must within 14 days submit to the
Attorney General the make, model, serial number, transferee's license number,
date of transaction and transferee's address.
It creates a federal
firearms license requirement to own a gun, it requires that all firearms
transactions pass through a licensed dealer and it creates a national firearms
registry for firearms transfers.
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act
may be cited as `Blair Holt's Firearm Licensing and Record of Sale Act of
(b) Table of Contents- The table of contents for this Act is as
Sec. 1. Short title; table of contents.
Sec. 2. Findings
Sec. 3. Definitions.
101. Licensing requirement.
Sec. 102. Application
Sec. 103. Issuance of license.
Sec. 104. Renewal of
Sec. 105. Revocation of license.
TITLE II末RECORD OF SALE
Sec. 201. Sale or transfer requirements for qualifying
Sec. 202. Firearm records.
Sec. 301. Universal background check
Sec. 302. Failure to maintain or permit inspection of
Sec. 303. Failure to report loss or theft of
Sec. 304. Failure to provide notice of change of
Sec. 305. Child access prevention.
Sec. 401. Criminal penalties.
Sec. 403. Inspections.
Sec. 404. Orders.
405. Injunctive enforcement.
TITLE V末FIREARM INJURY INFORMATION AND
Sec. 501. Duties of the Attorney General.
VI末EFFECT ON STATE LAW
Sec. 601. Effect on State law.
Certification of State firearm licensing systems and State firearm record of
TITLE VII末RELATIONSHIP TO OTHER LAW
Subordination to Arms Export Control Act.
Sec. 801. Inapplicability to governmental
TITLE IX末EFFECTIVE DATE
Sec. 901. Effective date of
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings- Congress
(1) the manufacture, distribution, and importation of
firearms is inherently commercial in nature;
(2) firearms regularly move
in interstate commerce;
(3) to the extent that firearms trafficking is
intrastate in nature, it arises out of and is substantially connected with a
commercial transaction, which, when viewed in the aggregate, substantially
affects interstate commerce;
(4) because the intrastate and interstate
trafficking of firearms are so commingled, full regulation of interstate
commerce requires the incidental regulation of intrastate commerce;
gun violence in the United States is associated with the majority of homicides,
over half the suicides, and two-thirds of non-fatal violent injuries;
(6) on the afternoon of May 10, 2007, Blair Holt, a junior at Julian
High School in Chicago, was killed on a public bus riding home from school when
he used his body to shield a girl who was in the line of fire after a young man
boarded the bus and started shooting.
(b) Sense of the Congress- It is
the sense of the Congress that末
(1) firearms trafficking is prevalent
and widespread in and among the States, and it is usually impossible to
distinguish between intrastate trafficking and interstate trafficking;
(2) it is in the national interest and within the role of the Federal
Government to ensure that the regulation of firearms is uniform among the
States, that law enforcement can quickly and effectively trace firearms used in
crime, and that firearms owners know how to use and safely store their
(c) Purposes- The purposes of this Act and the amendments made
by this Act are末
(1) to protect the public against the unreasonable risk
of injury and death associated with the unrecorded sale or transfer of
qualifying firearms to criminals and youth;
(2) to ensure that owners of
qualifying firearms are knowledgeable in the safe use, handling, and storage of
(3) to restrict the availability of qualifying firearms
to criminals, youth, and other persons prohibited by Federal law from receiving
(4) to facilitate the tracing of qualifying firearms used
in crime by Federal and State law enforcement agencies.
(a) In General- In this Act:
(1) FIREARM; LICENSED
DEALER; LICENSED MANUFACTURER; STATE- The terms `firearm', `licensed dealer',
`licensed manufacturer', and `State' have the meanings given those terms in
section 921(a) of title 18, United States Code.
(2) QUALIFYING FIREARM-
The term `qualifying firearm' has the meaning given the term in section 921(a)
of title 18, United States Code, as amended by subsection (b) of this
(b) Amendment to Title 18, United States Code- Section 921(a) of
title 18, United States Code, is amended by adding at the end the
`(36) The term `qualifying firearm'末
`(i) any handgun; or
`(ii) any semiautomatic firearm that
can accept any detachable ammunition feeding device; and
`(B) does not
include any antique.'.
SEC. 101. LICENSING
Section 922 of title 18, United States Code, is amended by
adding at the end the following:
`(aa) Firearm Licensing
`(1) IN GENERAL- It shall be unlawful for any person other
than a licensed importer, licensed manufacturer, licensed dealer, or licensed
collector to possess a qualifying firearm on or after the applicable date,
unless that person has been issued a firearm license末
`(A) under title I
of Blair Holt's Firearm Licensing and Record of Sale Act of 2009, which license
has not been invalidated or revoked under that title; or
`(B) pursuant to
a State firearm licensing and record of sale system certified under section 602
of Blair Holt's Firearm Licensing and Record of Sale Act of 2009, which license
has not been invalidated or revoked under State law.
DATE- In this subsection, the term `applicable date' means末
respect to a qualifying firearm that is acquired by the person before the date
of the enactment of Blair Holt's Firearm Licensing and Record of Sale Act of
2009, 2 years after such date of enactment; and
`(B) with respect to a
qualifying firearm that is acquired by the person on or after the date of the
enactment of Blair Holt's Firearm Licensing and Record of Sale Act of 2009, 1
year after such date of enactment.'.
SEC. 102. APPLICATION
(a) In General- In order to be issued a firearm license
under this title, an individual shall submit to the Attorney General (in
accordance with the regulations promulgated under subsection (b)) an
application, which shall include末
(1) a current, passport-sized
photograph of the applicant that provides a clear, accurate likeness of the
(2) the name, address, and date and place of birth of the
(3) any other name that the applicant has ever used or by
which the applicant has ever been known;
(4) a clear thumb print of the
applicant, which shall be made when, and in the presence of the entity to whom,
the application is submitted;
(5) with respect to each category of person
prohibited by Federal law, or by the law of the State of residence of the
applicant, from obtaining a firearm, a statement that the individual is not a
person prohibited from obtaining a firearm;
(6) a certification by the
applicant that the applicant will keep any firearm owned by the applicant safely
stored and out of the possession of persons who have not attained 18 years of
(7) a certificate attesting to the completion at the time of
application of a written firearms examination, which shall test the knowledge
and ability of the applicant regarding末
(A) the safe storage of
firearms, particularly in the vicinity of persons who have not attained 18 years
(B) the safe handling of firearms;
(C) the use of firearms
in the home and the risks associated with such use;
(D) the legal
responsibilities of firearms owners, including Federal, State, and local laws
relating to requirements for the possession and storage of firearms, and
relating to reporting requirements with respect to firearms; and
other subjects, as the Attorney General determines to be appropriate;
an authorization by the applicant to release to the Attorney General or an
authorized representative of the Attorney General any mental health records
pertaining to the applicant;
(9) the date on which the application was
(10) the signature of the applicant.
Regulations Governing Submission- The Attorney General shall promulgate
regulations specifying procedures for the submission of applications to the
Attorney General under this section, which regulations shall末
provide for submission of the application through a licensed dealer or an office
or agency of the Federal Government designated by the Attorney
(2) require the applicant to provide a valid identification
document (as defined in section 1028(d)(2) of title 18, United States Code) of
the applicant, containing a photograph of the applicant, to the licensed dealer
or to the office or agency of the Federal Government, as applicable, at the time
of submission of the application to that dealer, office, or agency;
(3) require that a completed application be forwarded to the Attorney
General not later than 48 hours after the application is submitted to the
licensed dealer or office or agency of the Federal Government, as
(1) IN GENERAL- The Attorney General shall
charge and collect from each applicant for a license under this title a fee in
an amount determined in accordance with paragraph (2).
(2) FEE AMOUNT-
The amount of the fee collected under this subsection shall be not less than the
amount determined by the Attorney General to be necessary to ensure that the
total amount of all fees collected under this subsection during a fiscal year is
sufficient to cover the costs of carrying out this title during that fiscal
year, except that such amount shall not exceed $25.
SEC. 103. ISSUANCE OF
(a) In General- The Attorney General shall issue a firearm
license to an applicant who has submitted an application that meets the
requirements of section 102 of this Act, if the Attorney General ascertains that
the individual is not prohibited by subsection (g) or (n) of section 922 of
title 18, United States Code, from receiving a firearm.
(b) Effect of
Issuance to Prohibited Person- A firearm license issued under this section shall
be null and void if issued to a person who is prohibited by subsection (g) or
(n) of section 922 of title 18, United States Code, from receiving a
(c) Form of License- A firearm license issued under this section
shall be in the form of a tamper-resistant card, and shall include末
the photograph of the licensed individual submitted with the
(2) the address of the licensed individual;
date of birth of the licensed individual;
(4) a license number, unique to
each licensed individual;
(5) the expiration date of the license, which
shall be the date that is 5 years after the initial anniversary of the date of
birth of the licensed individual following the date on which the license is
issued (or in the case of a license renewal, following the date on which the
license is renewed under section 104);
(6) the signature of the licensed
individual provided on the application, or a facsimile of the application;
(7) centered at the top of the license, capitalized, and in boldface
type, the following:
`FIREARM LICENSE末NOT VALID FOR ANY OTHER
SEC. 104. RENEWAL OF LICENSE.
(a) Application for
(1) IN GENERAL- In order to renew a firearm license issued under
this title, not later than 30 days before the expiration date of the license,
the licensed individual shall submit to the Attorney General (in accordance with
the regulations promulgated under paragraph (3)), in a form approved by the
Attorney General, an application for renewal of the license.
CONTENTS- An application submitted under paragraph (1) shall
(A) a current, passport-sized photograph of the applicant that
provides a clear, accurate likeness of the applicant;
(B) current proof
of identity of the licensed individual; and
(C) the address of the
(3) REGULATIONS GOVERNING SUBMISSION- The Attorney
General shall promulgate regulations specifying procedures for the submission of
applications under this subsection.
(b) Issuance of Renewed License- Upon
approval of an application submitted under subsection (a) of this section, the
Attorney General shall issue a renewed license, which shall meet the
requirements of section 103(c), except that the license shall include the
current photograph and address of the licensed individual, as provided in the
application submitted under this section, and the expiration date of the renewed
license, as provided in section 103(c)(5).
SEC. 105. REVOCATION OF
(a) In General- If an individual to whom a license has been
issued under this title subsequently becomes a person who is prohibited by
subsection (g) or (n) of section 922 of title 18, United States Code, from
receiving a firearm末
(1) the license is revoked; and
individual shall promptly return the license to the Attorney General.
Administrative Action- Upon receipt by the Attorney General of notice that an
individual to whom a license has been issued under this title has become a
person described in subsection (a), the Attorney General shall ensure that the
individual promptly returns the license to the Attorney General.
II末RECORD OF SALE OR TRANSFER
SEC. 201. SALE OR TRANSFER REQUIREMENTS
FOR QUALIFYING FIREARMS.
Section 922 of title 18, United States Code, as
amended by section 101 of this Act, is amended by adding at the end the
`(bb) Unauthorized Sale or Transfer of a Qualifying Firearm-
It shall be unlawful for any person to sell, deliver, or otherwise transfer a
qualifying firearm to, or for, any person who is not a licensed importer,
licensed manufacturer, licensed dealer, or licensed collector, or to receive a
qualifying firearm from a person who is not a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector, unless, at the time and
place of the transfer or receipt末
`(1) the transferee presents to a
licensed dealer a valid firearm license issued to the transferee末
under title I of Blair Holt's Firearm Licensing and Record of Sale Act of 2009;
`(B) pursuant to a State firearm licensing and record of sale system
certified under section 602 of Blair Holt's Firearm Licensing and Record of Sale
Act of 2009 established by the State in which the transfer or receipt
`(2) the licensed dealer contacts the Attorney General or the
head of the State agency that administers the certified system described in
paragraph (1)(B), as applicable, and receives notice that the transferee has
been issued a firearm license described in paragraph (1) and that the license
remains valid; and
`(3) the licensed dealer records on a document (which,
in the case of a sale, shall be the sales receipt) a tracking authorization
number provided by the Attorney General or the head of the State agency, as
applicable, as evidence that the licensed dealer has verified the validity of
SEC. 202. FIREARM RECORDS.
(a) Submission of Sale
or Transfer Reports- Not later than 14 days after the date on which the transfer
of qualifying firearm is processed by a licensed dealer under section 922(bb) of
title 18, United States Code (as added by section 201 of this Act), the licensed
dealer shall submit to the Attorney General (or, in the case of a licensed
dealer located in a State that has a State firearm licensing and record of sale
system certified under section 602 of this Act, to the head of the State agency
that administers that system) a report of that transfer, which shall include
information relating to末
(1) the manufacturer of the firearm;
the model name or number of the firearm;
(3) the serial number of the
(4) the date on which the firearm was received by the
(5) the number of a valid firearm license issued to the
transferee under title I of this Act; and
(6) the name and address of the
individual who transferred the firearm to the transferee.
Record of Sale System- Not later than 9 months after the date of the enactment
of this Act, the Attorney General shall establish and maintain a Federal record
of sale system, which shall include the information included in each report
submitted to the Attorney General under subsection (a).
of Prohibition on Establishment of System of Registration- Section 926(a) of
title 18, United States Code, is amended by striking the second
TITLE III末ADDITIONAL PROHIBITIONS
SEC. 301. UNIVERSAL
BACKGROUND CHECK REQUIREMENT.
Section 922 of title 18, United States
Code, as amended by sections 101 and 201 of this Act, is amended by adding at
the end the following:
`(cc) Universal Background Check
`(1) REQUIREMENT- Except as provided in paragraph (2), it
shall be unlawful for any person other than a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector to sell, deliver, or
otherwise transfer a firearm to any person other than such a licensee, unless
the transfer is processed through a licensed dealer in accordance with
`(2) EXCEPTION- Paragraph (1) shall not apply to the
infrequent transfer of a firearm by gift, bequest, intestate succession or other
means by an individual to a parent, child, grandparent, or grandchild of the
individual, or to any loan of a firearm for any lawful purpose for not more than
30 days between persons who are personally known to each other.'.