H.R. 8354

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8354 Introduced in House (IH)]

<DOC>

118th CONGRESS
2d Session
H. R. 8354

To provide for the implementation of a system of licensing for 
purchasers of certain firearms and for a record of sale system for 
those firearms, and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

May 10, 2024

Mr. Jackson of Illinois (for himself and Ms. Norton) introduced the 
following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

A BILL

To provide for the implementation of a system of licensing for 
purchasers of certain firearms and for a record of sale system for 
those firearms, and for other purposes.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Blair Holt Firearm 
Owner Licensing and Record of Sale Act of 2024''.
(b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Definitions.
TITLE I--LICENSING

Sec. 101. Licensing requirement.
Sec. 102. Issuance, revocation, and renewal of firearm owner licenses.
Sec. 103. Relief from denial or revocation of firearm owner licenses.
TITLE II--RECORD OF SALE OR TRANSFER

Sec. 201. Sale or transfer requirements for qualifying firearms.
Sec. 202. Firearm records.
TITLE III--ADDITIONAL PROHIBITIONS

Sec. 301. Firearms transfers.
Sec. 302. Failure to maintain or permit inspection of records.
Sec. 303. Failure to report loss or theft of firearm.
Sec. 304. Failure to provide notice of change of address.
Sec. 305. Child access prevention.
TITLE IV--ENFORCEMENT

Sec. 401. Criminal penalties.
Sec. 402. Regulations.
Sec. 403. Inspections.
Sec. 404. Orders.
Sec. 405. Injunctive enforcement.
TITLE V--FIREARM INJURY INFORMATION AND RESEARCH

Sec. 501. Duties of the Attorney General.
TITLE VI--EFFECT ON STATE LAW

Sec. 601. Effect on State law.
Sec. 602. Certification of State firearm licensing systems and State 
firearm record of sale systems.
TITLE VII--RELATIONSHIP TO OTHER LAW

Sec. 701. Subordination to Arms Export Control Act.
TITLE VIII--INAPPLICABILITY

Sec. 801. Inapplicability to governmental authorities.
TITLE IX--EFFECTIVE DATES OF AMENDMENTS

Sec. 901. Effective dates of amendments.

SEC. 2. FINDINGS AND PURPOSES.

(a) Findings.--Congress finds that--
(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 that, 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;
(5) firearm-related assaults in the United States during 
the 19-year period between 2001 and 2019 were--
(A) associated with the majority of homicides and 
half of all suicides; and
(B) the seventh leading cause of nonfatal 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;
(7) since 2007, when 32 students and teachers were killed 
at Virginia Tech, 7 of the 11 most deadly mass shootings in the 
United States have taken place;
(8) since 2012, when 20 first graders and teachers were 
murdered with an assault rifle at Sandy Hook Elementary School 
in Newtown, Connecticut, more than 230 school shootings have 
occurred in the United States;
(9) in 2015, there were 335 mass shootings, including, 
notably, the shooting at Umpqua Community College in Oregon, 
the Charleston church shooting in South Carolina, the theater 
shooting in Lafayette, Louisiana, and the Isla Vista community 
shootings in California;
(10) since 2016, the country has witnessed 4 of the 10 most 
deadly mass shootings in modern United States history;
(11) in February 2018, 17 members of the Marjory Stoneman 
Douglas High School community in Parkland, Florida, lost their 
lives at the hands of a 19-year-old armed with an AR-15 
semiautomatic assault rifle;
(12) according to the Federal Bureau of Investigation, the 
criminal homicide rate increased from 5.1 per 100,000 people in 
2019 to 6.5 per 100,000 people in 2020, the largest single year 
increase in at least the past 6 decades and approximately 73 
percent of 2019 criminal homicides are estimated to have been 
firearms-related, while approximately 77 percent of 2020 
criminal homicides are estimated to have been firearms-related;
(13) communities of color suffer disproportionately from 
gun violence, with Black children and teens 14 percent more 
likely to die of gun violence than their White counterparts and 
Latino children and teens 3 times more likely to die of gun 
violence than their White counterparts; and
(14) between 2015 and 2020, there were 2,429 mass 
shootings, including 611 in 2020 alone.
(b) Sense of Congress.--It is the sense of Congress that--
(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; and
(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 
firearms.
(c) Purposes.--The purposes of this Act and the amendments made by 
this Act are--
(1) to protect the public against the unreasonable risk of 
injury and negligent or reckless death associated with the 
unrecorded sale or transfer of qualifying firearms to criminals 
and youths;
(2) to ensure that owners of qualifying firearms are 
knowledgeable in the safe use, handling, and storage of those 
firearms;
(3) to restrict the availability of qualifying firearms to 
criminals, youth, and other persons prohibited by Federal law 
from receiving firearms;
(4) to facilitate the tracing of qualifying firearms used 
in crime by Federal and State law enforcement agencies; and
(5) to hold criminally and civilly liable those who 
facilitate the transfer of qualifying firearms, causing risk of 
injury and negligent or reckless death associated with the 
transfer of those qualifying firearms.

SEC. 3. DEFINITIONS.

(a) In General.--In this Act, the terms ``firearm'', ``qualifying 
firearm'', and ``State'' have the meanings given those terms in section 
921(a) of title 18, United States Code, as amended by subsection (b).
(b) Title 18, United States Code.--Section 921(a) of title 18, 
United States Code, is amended by adding at the end the following:
``(38) The term `detachable ammunition feeding device'--
``(A) means a magazine, belt, drum, feed strip, or similar 
device that--
``(i) is capable of being detached from a 
semiautomatic rifle; and
``(ii) has a capacity of, or that can be readily 
restored or converted to accept, more than 10 rounds of 
ammunition; and
``(B) does not include an attached tubular device designed 
to accept, and capable of operating only with, .22 caliber 
rimfire ammunition.
``(39) The term `firearm owner license' means a license issued 
under section 923(m).
``(40) The term `qualifying firearm'--
``(A) means--
``(i) a handgun; or
``(ii) a semiautomatic rifle that is capable of 
accepting a detachable ammunition feeding device; and
``(B) does not include an antique firearm.''.

TITLE I--LICENSING

SEC. 101. LICENSING REQUIREMENT.

Section 922 of title 18, United States Code, is amended by adding 
at the end the following:
``(aa) Firearm Licensing Requirement.--
``(1) In general.--Subject to paragraph (2), it shall be 
unlawful for any individual 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 individual has a valid--
``(A) firearm owner license; or
``(B) State firearm license.
``(2) Exemptions.--
``(A) In general.--Paragraph (1) shall not apply 
to--
``(i) a Federal, State, local, or Tribal 
law enforcement officer while engaged in the 
performance of official duties;
``(ii) a member of the Armed Forces or 
National Guard while engaged in the performance 
of official duties;
``(iii) a Federal employee who is required 
to carry a qualifying firearm in the capacity 
of that individual as a Federal employee while 
engaged in the performance of official duties;
``(iv) a member of a bona fide veterans 
organization that received the qualifying 
firearm directly from the Armed Forces, 
including a member of the color guard of the 
veterans organization, while using the 
qualifying firearm for a ceremonial purpose 
with blank ammunition;
``(v) an unemancipated minor who is under 
the direct supervision of an individual who--
``(I) has a valid firearm owner 
license or State firearm license; and
``(II) is, with respect to the 
minor--
``(aa) a parent;
``(bb) a legal guardian; or
``(cc) any other individual 
standing in loco parentis;
``(vi) an individual with a valid hunting 
license issued by a State while the individual 
is--
``(I) hunting in the State that 
issued the license; and
``(II) accompanied by an individual 
who has a valid firearm owner license 
or State firearm license; or
``(vii) an individual who is--
``(I)(aa) on a firing or shooting 
range; or
``(bb) participating in a firearms 
safety or training course recognized 
by--
``(AA) a Federal, State, 
local, or Tribal law 
enforcement agency; or
``(BB) a national or 
statewide shooting sports 
organization;
``(II) otherwise eligible to obtain 
a firearm owner license; and
``(III) under the direct 
supervision of an individual who--
``(aa) has a valid firearm 
owner license or State firearm 
license; and
``(bb) is not less than 21 
years of age.
``(B) Individuals with state firearm licenses.--Not 
later than 60 days after the date on which an 
individual who has a State firearm license moves from 
the State in which the State firearm license of the 
individual was issued to a different State, the 
individual shall--
``(i) if the State to which the individual 
has moved has a State firearm owner licensing 
system certified by the Attorney General under 
section 936, apply for--
``(I) a State firearm license under 
that State system; or
``(II) a firearm owner license; or
``(ii) if the State to which the individual 
has moved does not have a State firearm 
licensing system certified by the Attorney 
General under section 936, apply for a firearm 
owner license.
``(3) Definitions.--In this subsection--
``(A) the term `applicable date' means, with 
respect to a qualifying firearm that is acquired by the 
individual--
``(i) before the date of enactment of the 
Blair Holt Firearm Owner Licensing and Record 
of Sale Act of 2024, 2 years after that date of 
enactment; and
``(ii) on or after the date of enactment of 
the Blair Holt Firearm Owner Licensing and 
Record of Sale Act of 2024, 1 year after that 
date of enactment; and
``(B) the term `State firearm license' means a 
firearm license issued under a firearm licensing system 
established by a State that has been certified by the 
Attorney General under section 936.
``(bb) Denial or Revocation of Firearm Owner Licenses.--It shall be 
unlawful for any individual who is denied a firearm owner license under 
paragraph (3)(D) of section 923(m) or receives a revocation notice 
under paragraph (5)(B)(i) of that section to knowingly--
``(1) fail to surrender the firearm owner license of the 
individual in accordance with paragraph (6)(A)(i) of that 
section;
``(2) fail to submit a firearm disposition record in 
accordance with paragraph (6)(A)(ii) of that section;
``(3) make a false statement in a firearm disposition 
record submitted under paragraph (6)(A)(ii) of that section; or
``(4) fail to transfer any qualifying firearm of the 
individual in accordance with paragraph (6)(A)(iii) of that 
section.''.

SEC. 102. ISSUANCE, REVOCATION, AND RENEWAL OF FIREARM OWNER LICENSES.

Section 923 of title 18, United States Code, is amended--
(1) in subsection (d)(1)(F)(iii), by inserting ``under 
subsection (a) or (b)'' after ``Federal firearms license'';
(2) in subsection (l), by inserting ``under subsection (a) 
or (b)'' after ``a firearms license is issued''; and
(3) by adding at the end the following:
``(m) Firearm Owner Licenses.--
``(1) Definitions.--In this subsection--
``(A) the term `clinical psychologist' means a 
psychologist licensed or registered to practice 
psychology in the State in which the psychologist 
practices who--
``(i) has--
``(I) a doctoral degree from a 
regionally accredited university, 
college, or professional school; and
``(II) not less than 2 years of 
supervised experience in health 
services, of which--
``(aa) not less than 1 year 
is of postdoctoral experience; 
and
``(bb) not less than 1 year 
is of experience in an 
organized health service 
program; or
``(ii) has--
``(I) a graduate degree in 
psychology from a regionally accredited 
university or college; and
``(II) not less than 6 years of 
experience as a psychologist, of which 
not less than 2 years are of supervised 
experience in health services;
``(B) the term `covered offense' means battery, 
assault, aggravated assault, or violation of an order 
of protection, in which a firearm was used or 
possessed;
``(C) the term `identification document' has the 
meaning given the term in section 1028(d);
``(D) the term `licensed individual' means an 
individual issued a firearm owner license under 
paragraph (3);
``(E) the term `physician' means a doctor of 
medicine legally authorized to practice medicine by the 
State in which the physician performs that function or 
action;
``(F) the term `qualified examiner' means a medical 
professional authorized to conduct a qualifying mental 
health evaluation by the State in which the evaluation 
occurs; and
``(G) the term `qualifying mental health 
evaluation' means a mental evaluation by a physician, 
clinical psychologist, or qualified examiner resulting 
in a certification by the physician, clinical 
psychologist, or qualified examiner that an individual 
is not a clear and present danger to the individual or 
others.
``(2) Applications.--
``(A) In general.--An individual applying for a 
firearm owner license under this subsection shall 
submit to the Attorney General, in accordance with the 
regulations promulgated under subparagraph (B), an 
application that includes--
``(i) a current, passport-sized photograph 
of the applicant that provides a clear, 
accurate likeness of the applicant;
``(ii) the name, address, and date and 
place of birth of the applicant;
``(iii) any other name that the applicant 
has ever used or by which the applicant has 
ever been known;
``(iv) 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 
applicant is not a person prohibited from 
receiving a firearm;
``(v)(I) a certification by the applicant 
that the applicant is not younger than 21 years 
old; or
``(II) in the case of an applicant who is 
younger than 21 years old--
``(aa) written proof of the consent 
of the parent or legal guardian of the 
applicant for the applicant to possess 
and acquire a qualifying firearm, 
provided that the parent or legal 
guardian--
``(AA) is not an individual 
prohibited by subsection (g) or 
(n) of section 922 from 
receiving a firearm; and
``(BB) submits an affidavit 
with the application affirming 
that the parent or legal 
guardian is not an individual 
prohibited by subsection (g) or 
(n) of section 922 from 
receiving a firearm; and
``(bb) a certification by the 
applicant that the applicant has not 
been convicted of a misdemeanor, other 
than a traffic offense, or adjudged 
delinquent;
``(vi) a certification by the applicant 
that the applicant--
``(I) was not a patient in a mental 
health facility during the 5-year 
period preceding the date on which the 
application is submitted;
``(II) is not an individual with an 
intellectual or developmental 
disability;
``(III) is not subject to an order 
of protection prohibiting the applicant 
from possessing a firearm;
``(IV) has not been convicted of a 
covered offense during the 5-year 
period preceding the date on which the 
application is submitted; and
``(V) has not been adjudged 
delinquent for an act of juvenile 
delinquency that if committed by an 
adult would be a felony;
``(vii) if the individual was a patient in 
a mental health facility during a period ending 
more than 5 years before the date on which the 
application is submitted, a qualifying mental 
health evaluation;
``(viii) 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;
``(ix) the rolled fingerprints of the 
applicant;
``(x) the date on which the application was 
submitted; and
``(xi) the signature of the applicant.
``(B) Regulations governing submission.--
``(i) In general.--The Attorney General 
shall promulgate regulations specifying 
procedures for the submission of an application 
under subparagraph (A) to the Attorney General 
that shall--
``(I) provide for submission of the 
application through a licensed dealer 
or an office or agency of the Federal 
Government designated by the Attorney 
General;
``(II) require the applicant to 
provide a valid identification document 
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 licensed 
dealer, office, or agency; and
``(III) 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.
``(ii) Definition.--In this subparagraph, 
the term `agency' has the meaning given the 
term in section 551 of title 5.
``(C) Fees.--
``(i) In general.--The Attorney General 
shall charge and collect from each applicant 
for a license under this subsection a fee in an 
amount determined in accordance with clause 
(ii).
``(ii) Fee amount.--The amount of the fee 
collected under this subparagraph 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 
subparagraph during a fiscal year is sufficient 
to cover the costs of carrying out this 
subsection during that fiscal year, except that 
such amount shall not exceed $10.
``(3) Issuance of licenses.--
``(A) In general.--Not later than 30 days after the 
date on which an application is submitted under 
paragraph (2), the Attorney General shall issue a 
firearm owner license to an applicant who has submitted 
an application that meets the requirements under 
paragraph (2), if, after conducting a fingerprint-based 
nationwide criminal background check using the rolled 
fingerprints of the applicant submitted in the 
application, the Attorney General determines that the 
applicant--
``(i) is not prohibited by subsection (g) 
or (n) of section 922 from receiving a 
qualifying firearm;
``(ii)(I) is not younger than 21 years old; 
or
``(II) is younger than 21 years old and--
``(aa) has submitted written proof 
of the consent of the parent or legal 
guardian of the applicant required 
under paragraph (2)(A)(v)(II)(aa); and
``(bb) has not been convicted of a 
misdemeanor, other than a traffic 
offense, or adjudged delinquent;
``(iii) was not a patient in a mental 
health facility during the 5-year period 
preceding the date on which the application is 
submitted;
``(iv) is not an individual with an 
intellectual or developmental disability;
``(v) is not subject to an order of 
protection prohibiting the applicant from 
possessing a firearm;
``(vi) has not been convicted of a covered 
offense during the 5-year period preceding the 
date on which the application is submitted;
``(vii) has not been adjudged delinquent 
for an act of juvenile delinquency that if 
committed by an adult would be a felony;
``(viii) if the applicant was a patient in 
a mental health facility during a period ending 
more than 5 years before the date on which the 
application is submitted, has received a 
qualifying mental health evaluation;
``(ix) does not have a mental condition 
that makes the applicant a clear and present 
danger to the individual or others; and
``(x) has not intentionally made a false 
statement in the application under paragraph 
(2).
``(B) Effect of issuance to prohibited 
individuals.--A firearm owner license issued under this 
paragraph shall be null and void if issued to an 
individual who is prohibited by subsection (g) or (n) 
of section 922 from receiving a firearm.
``(C) Form of licenses.--A firearm owner license 
issued under this paragraph shall be in the form of a 
tamper-resistant card, and shall include--
``(i) the photograph of the licensed 
individual submitted with the application under 
paragraph (2);
``(ii) the address of the licensed 
individual;
``(iii) the date of birth of the licensed 
individual;
``(iv) the sex of the licensed individual;
``(v) the height and weight of the licensed 
individual;
``(vi) a license number, unique to each 
licensed individual;
``(vii) the expiration date of the license, 
which shall be--
``(I) 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
``(II) in the case of a license 
renewed under paragraph (4), the date 
that is 5 years after the anniversary 
of the date of birth of the licensed 
individual following the date on which 
the license is renewed;
``(viii) a facsimile of the rolled 
fingerprints of the individual submitted in the 
application of the individual under paragraph 
(2)(A)(ix) in an encrypted, embedded, and 
machine-readable format;
``(ix) the signature of the licensed 
individual provided on the application under 
paragraph (2), or a facsimile of the signature; 
and
``(x) centered at the top of the license, 
capitalized, and in boldface type, the 
following:
`FIREARM OWNER LICENSE--NOT VALID FOR ANY OTHER PURPOSE'.
``(D) Denial.--
``(i) In general.--If the Attorney General 
determines that an applicant does not meet the 
requirements under subparagraph (A), the 
Attorney General shall provide written notice 
to the applicant that states--
``(I) the specific grounds on which 
the denial is based; and
``(II) the requirements for 
issuance of a firearm owner license 
under subparagraph (A).
``(ii) Notice to local law enforcement.--
The Attorney General shall transmit a copy of 
the notice described in clause (i) to the 
sheriff and law enforcement agency having 
jurisdiction where the individual to whom the 
denial pertains resides.
``(E) Change of address.--A licensed individual 
shall immediately notify the Attorney General if the 
licensed individual moves from the residence address 
listed on the firearm owner license of that licensed 
individual.
``(4) Renewal of licenses.--
``(A) Applications for renewal of licenses.--
``(i) In general.--A licensed individual 
seeking to renew a firearm owner license shall, 
not later than 60 days before the expiration 
date of the firearm owner license, submit to 
the Attorney General, in accordance with the 
regulations promulgated under clause (iii), an 
application for renewal of the license.
``(ii) Contents.--An application submitted 
under clause (i) shall include--
``(I) a current, passport-sized 
photograph of the licensed individual 
that provides a clear, accurate 
likeness of the licensed individual;
``(II) current proof of identity of 
the licensed individual; and
``(III) the address of the licensed 
individual.
``(iii) Regulations governing submission.--
The Attorney General shall promulgate 
regulations specifying procedures for the 
submission of applications under this 
subparagraph.
``(B) Issuance of renewed licenses.--Upon approval 
of an application submitted under subparagraph (A), the 
Attorney General shall issue a renewed license, which 
shall meet the requirements of paragraph (3)(C), except 
that the license shall include the current photograph 
and address of the licensed individual, as provided in 
the application submitted under subparagraph (A) of 
this paragraph, and the expiration date of the renewed 
license, in accordance with paragraph (3)(C)(vii)(II).
``(5) Revocation of licenses.--
``(A) In general.--If a licensed individual becomes 
an individual who the Attorney General determines does 
not meet the requirements under paragraph (3)(A) of 
this subsection--
``(i) the firearm owner license is revoked; 
and
``(ii) the individual shall surrender the 
firearm owner license to the Attorney General 
in accordance with paragraph (6)(A) of this 
subsection.
``(B) Notice.--
``(i) In general.--Upon receipt by the 
Attorney General of notice that a licensed 
individual has become an individual described 
in subparagraph (A), the Attorney General shall 
provide written notice to the individual that--
``(I) the firearm owner license is 
revoked; and
``(II) states the specific grounds 
on which the revocation is based.
``(ii) Notice to local law enforcement.--
The Attorney General shall transmit a copy of 
the notice described in clause (i) to the 
sheriff and law enforcement agency having 
jurisdiction where the individual to which the 
denial pertains resides.
``(6) Surrender of licenses and qualifying firearms.--
``(A) In general.--Subject to subparagraph (D), an 
individual who is denied a firearm owner license under 
paragraph (3)(D) or receives a revocation notice under 
paragraph (5)(B)(i) shall, not later than 48 hours 
after receiving notice of the denial or revocation--
``(i) in the case of an individual who 
receives a revocation notice, surrender the 
firearm owner license of the individual--
``(I) by bringing the firearm owner 
license to an office of--
``(aa) the Federal Bureau 
of Investigation;
``(bb) the Bureau of 
Alcohol, Tobacco, Firearms, and 
Explosives; or
``(cc) a United States 
Attorney; or
``(II) by mailing the firearm owner 
license to the Attorney General;
``(ii) if the individual owns or has 
custody and control of a qualifying firearm, 
complete a firearm disposition record described 
in subparagraph (B) and--
``(I) in the case of an individual 
who receives a denial notice, submit 
that firearm disposition record to an 
entity described in clause (i); and
``(II) in the case of an individual 
who receives a revocation notice, 
submit that firearm disposition record 
at the same time that the individual 
surrenders the firearm owner license 
under clause (i); and
``(iii) transfer any qualifying firearm 
that is owned by or under the custody and 
control of the individual to--
``(I) any location other than--
``(aa) a location to which 
the individual has immediate 
access;
``(bb) a residence of the 
individual;
``(cc) a vehicle of the 
individual; or
``(dd) a storage space of 
the individual; or
``(II) if applicable, any person 
other than a member of the household of 
the individual.
``(B) Firearm disposition records.--The Attorney 
General shall prescribe a form for a firearm 
disposition record to be completed under subparagraph 
(A)(ii) that shall require an individual completing the 
firearm disposition record to disclose--
``(i) the make, model, and serial number of 
each qualifying firearm that is owned by or 
under the custody and control of the individual 
on the date on which the firearm disposition 
record is completed by the individual;
``(ii) the location where each qualifying 
firearm described in clause (i) will be located 
after the individual submits the firearm 
disposition record; and
``(iii) if any qualifying firearm described 
in clause (i) will be transferred to the 
ownership or custody and control of another 
person, the name, address, and, if applicable, 
firearm owner license number of the transferee.
``(C) Responsibilities of receiving entities.--At 
the time at which an entity described in subparagraph 
(A)(i) receives a firearm owner license and firearm 
disposition record under subparagraph (A), the entity 
shall--
``(i) provide to the individual 
surrendering the firearm owner license and 
submitting the firearm disposition record--
``(I) a receipt showing that the 
individual surrendered the firearm 
owner license to the entity; and
``(II) a copy of the firearm 
disposition record submitted by the 
individual; and
``(ii) if the entity is an entity described 
in item (aa), (bb), or (cc) of subparagraph 
(A)(i)(I)--
``(I) transmit to the Attorney 
General--
``(aa) the firearm owner 
license; and
``(bb) the firearm 
disposition record; and
``(II) maintain a copy of the 
documents described in subclause (I) of 
this clause.
``(D) Right to reclaim firearm.--An individual who 
transfers a qualifying firearm under subparagraph 
(A)(iii) may reclaim the qualifying firearm after a 
successful application for relief or appeal under 
section 925(g).''.

SEC. 103. RELIEF FROM DENIAL OR REVOCATION OF FIREARM OWNER LICENSES.

Section 925 of title 18, United States Code, is amended by adding 
at the end the following:
``(g) Relief From Denial or Revocation of Firearm Owner Licenses.--
``(1) Application to the attorney general.--
``(A) In general.--If the Attorney General denies a 
firearm owner license to an individual under paragraph 
(3)(D) of section 923(m) or revokes the firearm owner 
license of an individual under paragraph (5) of that 
section, the individual may, not later than 60 days 
after the date on which the denial or revocation 
occurs, make an application to the Attorney General for 
relief from that denial or revocation.
``(B) Relief.--The Attorney General may grant 
relief to an applicant under subparagraph (A), if the 
applicant establishes to the satisfaction of the 
Attorney General that the circumstances relating to the 
denial or revocation, and the criminal record and 
personal reputation of the applicant, are such that--
``(i) the applicant will not be likely to 
act in a manner dangerous to public safety; and
``(ii) relief under this subparagraph would 
not be contrary to the public interest.
``(C) Notice in the federal register.--If the 
Attorney General grants relief under subparagraph (B), 
the Attorney General shall promptly publish in the 
Federal Register a notice--
``(i) that the relief was granted; and
``(ii) that describes the reasons for 
granting the relief.
``(2) Appeal.--
``(A) In general.--An applicant who is denied 
relief under paragraph (1)(B) may file a petition for 
judicial review of the denial with the district court 
of the United States for the district in which the 
applicant resides.
``(B) Hearing.--A court that receives a petition 
under subparagraph (A) shall hold a hearing to 
determine whether to grant the petitioner relief 
described in paragraph (1)(A) not later than 72 hours 
after the petitioner files the petition.
``(C) Notice and opportunity to be heard.--
``(i) In general.--The court shall provide 
the petitioner with notice and the opportunity 
to be heard at a hearing under this paragraph, 
sufficient to protect the due process rights of 
the petitioner.
``(ii) Right to counsel.--
``(I) In general.--At a hearing 
under this paragraph, the petitioner 
may be represented by counsel who is--
``(aa) chosen by the 
petitioner; and
``(bb) authorized to 
practice at such a hearing.
``(II) Court-provided counsel.--If 
the petitioner is financially unable to 
obtain representation by counsel, the 
court, at the request of the 
petitioner, shall ensure to the extent 
practicable that the petitioner is 
represented by an attorney for the 
Legal Services Corporation with respect 
to the petition.
``(D) Burden of proof; standard.--At a hearing 
under this paragraph, the Attorney General--
``(i) shall have the burden of proving all 
material facts; and
``(ii) shall be required to demonstrate, by 
clear and convincing evidence, that the 
petitioner is prohibited under section 
923(m)(3)(A) from receiving a firearm owner 
license.''.

TITLE II--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 following:
``(cc) 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--
``(1) the transferee presents to a licensed dealer a valid 
firearm owner license issued to the transferee--
``(A) under section 923(m); or
``(B) pursuant to a State firearm licensing system 
certified under section 936 established by the State in 
which the transfer or receipt occurs;
``(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 
owner license described in paragraph (1) and that the firearm 
owner 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 the firearm owner 
license.''.

SEC. 202. FIREARM RECORDS.

(a) In General.--Chapter 44 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 935. Firearm records
``(a) Submission of Sale or Transfer Reports.--
``(1) In general.--Not later than 14 days after the date on 
which the transfer of a qualifying firearm is processed by a 
licensed dealer under section 922(cc), 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 
936, to the head of the State agency that administers that 
system) a report of that transfer, which shall include 
information relating to--
``(A) the manufacturer of the qualifying firearm;
``(B) the model name or number of the qualifying 
firearm;
``(C) the serial number of the qualifying firearm;
``(D) the date on which the qualifying firearm was 
received by the transferee;
``(E) the number of the valid firearm owner license 
issued to the transferee--
``(i) under section 923(m); or
``(ii) in accordance with a State firearm 
licensing system certified under section 936 
established by the State in which the transfer 
or receipt occurs; and
``(F) the name and address of the individual who 
transferred the firearm to the transferee.
``(2) Effective date.--This subsection shall take effect on 
the date that is 1 year after the date of enactment of the 
Blair Holt Firearm Owner Licensing and Record of Sale Act of 
2024.
``(b) Federal Record of Sale System.--Not later than 270 days after 
the date of enactment of the Blair Holt Firearm Owner Licensing and 
Record of Sale Act of 2024, 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).''.
(b) Elimination of Prohibition on Establishment of System of 
Registration.--Section 926(a) of title 18, United States Code, is 
amended by striking the second sentence.
(c) Clerical Amendment.--The table of sections for chapter 44 of 
title 18, United States Code, is amended by adding at the end the 
following:

``935. Firearm records.''.

TITLE III--ADDITIONAL PROHIBITIONS

SEC. 301. FIREARMS TRANSFERS.

(a) In General.--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:
``(dd) Firearms Transfers.--
``(1) In general.--
``(A) Prohibition.--It shall be unlawful for any 
person who is not a licensed importer, licensed 
manufacturer, or licensed dealer to transfer a firearm 
to any other person who is not so licensed, unless a 
licensed importer, licensed manufacturer, or licensed 
dealer has first taken possession of the firearm for 
the purpose of complying with subsection (t).
``(B) Compliance.--Upon taking possession of a 
firearm under subparagraph (A), a licensee shall comply 
with all requirements of this chapter as if the 
licensee were transferring the firearm from the 
inventory of the licensee to the unlicensed transferee.
``(C) Return of firearms.--If a transfer of a 
firearm described in subparagraph (A) will not be 
completed for any reason after a licensee takes 
possession of the firearm (including because the 
transfer of the firearm to, or receipt of the firearm 
by, the transferee would violate this chapter), the 
return of the firearm to the transferor by the licensee 
shall not constitute the transfer of a firearm for 
purposes of this chapter.
``(2) Exceptions.--Paragraph (1) shall not apply to--
``(A) a law enforcement agency or any law 
enforcement officer, armed private security 
professional, or member of the Armed Forces, to the 
extent the officer, professional, or member is acting 
within the course and scope of employment and official 
duties;
``(B) a transfer that is a loan or bona fide gift 
between--
``(i) spouses;
``(ii) domestic partners;
``(iii) parents and their children, 
including step-parents and their step-children;
``(iv) siblings;
``(v) aunts or uncles and their nieces or 
nephews; or
``(vi) grandparents and their 
grandchildren;
``(C) a transfer to an executor, administrator, 
trustee, or personal representative of an estate or a 
trust that occurs by operation of law upon the death of 
another person;
``(D) a temporary transfer that is necessary to 
prevent imminent death or great bodily harm, including 
harm to self, family, household members, or others, if 
the possession by the transferee lasts only as long as 
immediately necessary to prevent the imminent death or 
great bodily harm, including the harm of domestic 
violence, dating partner violence, sexual assault, 
stalking, and domestic abuse;
``(E) a transfer that is approved by the Attorney 
General under section 5812 of the Internal Revenue Code 
of 1986; or
``(F) a temporary transfer if--
``(i) the transferor has no reason to 
believe that the transferee--
``(I) will use or intends to use 
the firearm in a crime; or
``(II) is prohibited from 
possessing a firearm under State or 
Federal law; and
``(ii) the transfer takes place and the 
possession of the firearm by the transferee is 
exclusively--
``(I) at a shooting range or in a 
shooting gallery or other area 
designated for the purpose of target 
shooting;
``(II) reasonably necessary for the 
purposes of hunting, trapping, or 
fishing, if the transferor--
``(aa) has no reason to 
believe that the transferee 
intends to use the firearm in a 
place where it is illegal; and
``(bb) has reason to 
believe that the transferee 
will comply with all licensing 
and permit requirements for 
such hunting, trapping, or 
fishing; or
``(III) in the presence of the 
transferor.
``(3) Notice.--It shall be unlawful for a licensed 
importer, licensed manufacturer, or licensed dealer to transfer 
possession of, or title to, a firearm to another person who is 
not so licensed unless--
``(A) the importer, manufacturer, or dealer 
provides the person with notice of the prohibition 
under paragraph (1); and
``(B) the other person certifies that the importer, 
manufacturer, or dealer provided the person notice of 
the prohibition under paragraph (1) on a form 
prescribed by the Attorney General.''.
(b) Amendment.--Section 924(a)(5) of title 18, United States Code, 
is amended by striking ``(s) or (t)'' and inserting ``(s), (t), or 
(dd)''.
(c) Rules of Interpretation.--Nothing in this section, or any 
amendment made by this section, shall be construed to authorize the 
establishment, directly or indirectly, of a national firearms registry.

SEC. 302. FAILURE TO MAINTAIN OR PERMIT INSPECTION OF RECORDS.

Section 922 of title 18, United States Code, as amended by sections 
101, 201, and 301 of this Act, is amended by adding at the end the 
following:
``(ee) Failure To Maintain or Permit Inspection of Records.--It 
shall be unlawful for a licensed manufacturer or a licensed dealer to 
fail to comply with section 935, or to fail to maintain such records or 
supply such information as the Attorney General may require in order to 
ascertain compliance with that section and the regulations and orders 
issued under that section.''.

SEC. 303. FAILURE TO REPORT LOSS OR THEFT OF FIREARM.

Section 922 of title 18, United States Code, as amended by sections 
101, 201, 301, and 302 of this Act, is amended by adding at the end the 
following:
``(ff) Failure To Report Loss or Theft of Firearms.--It shall be 
unlawful for any person who owns a qualifying firearm to fail to report 
the loss or theft of the firearm to the Attorney General within 72 
hours after the loss or theft is discovered by the person who owns the 
qualifying firearm.''.

SEC. 304. FAILURE TO PROVIDE NOTICE OF CHANGE OF ADDRESS.

Section 922 of title 18, United States Code, as amended by sections 
101, 201, 301, 302, and 303 of this Act, is amended by adding at the 
end the following:
``(gg) Failure To Provide Notice of Change of Address.--It shall be 
unlawful for any individual to whom a firearm owner license has been 
issued under section 923(m) to fail to report to the Attorney General a 
change in the address of that individual within 60 days of that change 
of address.''.

SEC. 305. CHILD ACCESS PREVENTION.

Section 922 of title 18, United States Code, as amended by sections 
101, 201, 301, 302, 303, and 304 of this Act, is amended by adding at 
the end the following:
``(hh) Child Access Prevention.--
``(1) Definition of child.--In this subsection, the term 
`child' means an individual who has not attained 18 years of 
age.
``(2) Prohibition and penalties.--Except as provided in 
paragraph (3), it shall be unlawful for any person to keep a 
loaded firearm, or an unloaded firearm and ammunition for the 
firearm, any one of which has been shipped or transported in 
interstate or foreign commerce, within any premises that is 
under the custody or control of that person, if--
``(A) that person--
``(i) knows, or recklessly disregards the 
risk, that a child is capable of gaining access 
to the firearm; and
``(ii) either--
``(I) knows, or recklessly 
disregards the risk, that a child will 
use the firearm to cause the death of, 
or serious bodily injury (as defined in 
section 1365) to, the child or any 
other individual; or
``(II) knows, or reasonably should 
know, that possession of the firearm by 
a child is unlawful under Federal or 
State law; and
``(B) a child uses the firearm and the use of that 
firearm causes the death of, or serious bodily injury 
to, the child or any other individual.
``(3) Exceptions.--Paragraph (2) shall not apply if--
``(A) at the time the child obtained access, the 
firearm was secured with a secure gun storage or safety 
device;
``(B) the person is a peace officer, a member of 
the Armed Forces, or a member of the National Guard, 
and the child obtains the firearm during, or incidental 
to, the performance of the official duties of the 
person in that capacity;
``(C) the child uses the firearm in a lawful act of 
self-defense or defense of 1 or more other persons; or
``(D) the person has no reasonable expectation, 
based on objective facts and circumstances, that a 
child is likely to be present on the premises on which 
the firearm is kept.''.

TITLE IV--ENFORCEMENT

SEC. 401. CRIMINAL PENALTIES.

(a) Failure To Possess Firearm Owner License; Failure To Comply 
With Denial and Revocation Requirements; Failure To Comply With 
Qualifying Firearm Sale or Transfer Requirements; Failure To Maintain 
or Permit Inspection of Records.--Section 924(a) of title 18, United 
States Code, is amended by adding at the end the following:
``(9) Whoever knowingly violates subsection (aa), (bb), (cc), or 
(ee) of section 922 shall be fined under this title, imprisoned not 
more than 10 years, or both.''.
(b) Failure To Comply With Firearms Transfer Requirements; Failure 
To Timely Report Loss or Theft of a Qualifying Firearm; Failure To 
Provide Notice of Change of Address.--Section 924(a)(5) of title 18, 
United States Code, is amended by striking ``(s) or (t)'' and inserting 
``(t), (dd), (ff), or (gg)''.
(c) Child Access Prevention.--Section 924(a) of title 18, United 
States Code, as amended by subsection (a) of this section, is amended 
by adding at the end the following:
``(10) Whoever violates section 922(hh) shall be fined under this 
title, imprisoned not more than 5 years, or both.''.

SEC. 402. REGULATIONS.

(a) In General.--The Attorney General shall issue regulations 
governing the licensing of possessors of qualifying firearms and the 
recorded sale of qualifying firearms, consistent with this Act and the 
amendments made by this Act, as the Attorney General determines to be 
reasonably necessary to--
(1) reduce or prevent deaths or injuries resulting from 
qualifying firearms; and
(2) assist law enforcement in the apprehension of owners or 
users of qualifying firearms used in criminal activity.
(b) Maximum Interval Between Issuance of Proposed and Final 
Regulation.--Not later than 120 days after the date on which the 
Attorney General issues a proposed regulation under subsection (a) with 
respect to a matter, the Attorney General shall issue a final 
regulation with respect to the matter.

SEC. 403. INSPECTIONS.

In order to determine compliance with this Act, the amendments made 
by this Act, and the regulations and orders issued under this Act, the 
Attorney General may, during regular business hours, enter any place in 
which firearms or firearm products are manufactured, stored, or held, 
for distribution in commerce, and inspect those areas where the 
products are manufactured, stored, or held.

SEC. 404. ORDERS.

The Attorney General may issue an order prohibiting the sale or 
transfer of any firearm that the Attorney General finds has been 
transferred or distributed in violation of this Act, an amendment made 
by this Act, or a regulation issued under this Act.

SEC. 405. INJUNCTIVE ENFORCEMENT.

The Attorney General may bring an action to restrain any violation 
of this Act or an amendment made by this Act in the district court of 
the United States for any district in which--
(1) the violation occurs; or
(2) the defendant is found or transacts business.

TITLE V--FIREARM INJURY INFORMATION AND RESEARCH

SEC. 501. DUTIES OF THE ATTORNEY GENERAL.

(a) In General.--The Attorney General shall--
(1) establish and maintain a firearm injury information 
clearinghouse to collect, investigate, analyze, and disseminate 
data and information relating to the causes and prevention of 
death and injury associated with firearms;
(2) conduct continuing studies and investigations of 
firearm-related deaths and injuries;
(3) collect and maintain current production and sales 
figures for each licensed manufacturer; and
(4) conduct a study on the efficacy of firearms that 
incorporate technology that prevents the use of those firearms 
by unauthorized users (commonly known as ``smart guns''), in 
the prevention of unintended firearm deaths.
(b) Availability of Information.--Periodically, but not less 
frequently than annually, the Attorney General shall submit to Congress 
and make available to the public a report on the activities and 
findings of the Attorney General under subsection (a).

TITLE VI--EFFECT ON STATE LAW

SEC. 601. EFFECT ON STATE LAW.

(a) In General.--This Act and the amendments made by this Act may 
not be construed to preempt any provision of the law of any State or 
political subdivision of that State, or prevent a State or political 
subdivision of that State from enacting any provision of law regulating 
or prohibiting conduct with respect to firearms, except to the extent 
that the provision of law is inconsistent with any provision of this 
Act or an amendment made by this Act, and then only to the extent of 
the inconsistency.
(b) Rule of Interpretation.--A provision of State law is not 
inconsistent with this Act or an amendment made by this Act if the 
provision imposes a regulation or prohibition of greater scope or a 
penalty of greater severity than a corresponding prohibition or penalty 
imposed by this Act or an amendment made by this Act.

SEC. 602. CERTIFICATION OF STATE FIREARM LICENSING SYSTEMS AND STATE 
FIREARM RECORD OF SALE SYSTEMS.

(a) In General.--Chapter 44 of title 18, United States Code, as 
amended by section 202 of this Act, is amended by adding at the end the 
following:
``Sec. 936. Certification of State firearm licensing systems and State 
firearm record of sale systems
``Upon a written request of the chief executive officer of a State, 
the Attorney General may certify--
``(1) a firearm licensing system established by a State, if 
State law requires the system to satisfy the requirements 
applicable to the Federal firearm licensing system established 
under section 923(m); and
``(2) a firearm record of sale system established by a 
State, if State law requires the head of the State agency that 
administers the system to submit to the Federal firearm record 
of sale system established under section 935(b) a copy of each 
report submitted to the head of the agency under section 
935(a)(1), not later than 7 days after receipt of the 
report.''.
(b) Clerical Amendment.--The table of sections for chapter 44 of 
title 18, United States Code, as amended by section 202 of this Act, is 
amended by adding at the end the following:

``936. Certification of State firearm licensing systems and State 
firearm record of sale systems.''.

TITLE VII--RELATIONSHIP TO OTHER LAW

SEC. 701. SUBORDINATION TO ARMS EXPORT CONTROL ACT.

In the event of any conflict between any provision of this Act or 
an amendment made by this Act, and any provision of the Arms Export 
Control Act (22 U.S.C. 2751 et seq.), the provision of the Arms Export 
Control Act shall control.

TITLE VIII--INAPPLICABILITY

SEC. 801. INAPPLICABILITY TO GOVERNMENTAL AUTHORITIES.

This Act and the amendments made by this Act shall not apply to any 
department or agency of the United States, of a State, or of a 
political subdivision of a State, or to any official conduct of any 
officer or employee of such a department or agency.

TITLE IX--EFFECTIVE DATES OF AMENDMENTS

SEC. 901. EFFECTIVE DATES OF AMENDMENTS.

(a) In General.--Except as provided in subsections (b) and (c), the 
amendments made by this Act shall take effect 1 year after the date of 
enactment of this Act.
(b) Firearm Records.--The amendments made by section 202 shall take 
effect on the date of enactment of this Act, except as otherwise 
provided in the amendments made by that section.
(c) Firearm Transactions.--The amendments made by subsections (a) 
and (b) of section 301 shall take effect 180 days after the date of 
enactment of this Act.
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