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Handgun Licensing and Registration Act of 2021

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Representative Grant, for himself and congresswoman Bonnie Watson Coleman of New Jersey, introduces,

A Bill

 

To provide for the mandatory licensing and registration of handguns, 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.

This Act may be cited as the “Handgun Licensing and Registration Act of 2019”.

SEC. 2. FEDERAL HANDGUN LICENSING AND REGISTRATION SYSTEM TO APPLY IN ANY STATE THAT DOES NOT HAVE A HANDGUN LICENSING AND REGISTRATION SYSTEM THAT MEETS CERTAIN REQUIREMENTS.

(a) In General.—Chapter 44 of title 18, United States Code, is amended by adding at the end the following:

“§ 932. Licensing and registration of handguns

“(a) (1) The Attorney General of the United States shall establish a Federal system for the licensing and registration of all handguns owned, possessed, or controlled in the United States—

“(A) under which—

“(i) a person shall not be eligible to receive such a license if the person—

“(I) has not attained 21 years of age;

“(II) is not a citizen, national, or lawful permanent resident of the United States;

“(III) has not completed training in firearms safety;

“(IV) as part of the process for applying for such a license—

“(aa) has not submitted to a background investigation and criminal history check of the person; or

“(bb) has not submitted the fingerprints of the person and a recent photograph that clearly shows the face of the person; or

“(V) is prohibited by Federal law from possessing a firearm; and

“(ii) such a license shall expire not more than 5 years after issuance; and

“(B) which shall include a method for easily retrieving information sufficient to identify—

“(i) each resident of a State to which this subsection applies who owns, possesses, or controls a handgun; and

“(ii) the handgun.

“(2) It shall be unlawful for a person to own, possess, or control a handgun in a State to which this subsection applies unless the person—

“(A) is licensed to do so by the system established pursuant to paragraph (1); and

“(B) has registered the handgun with a Federal, State, or local law enforcement agency.

“(b) Subsection (a) shall not apply in a State if there is in effect a certification by the Attorney General of the United States that the State has in effect a system for the licensing and registration of handguns owned, possessed, or controlled in the State that—

“(1) meets the requirements of subsection (a)(1)(A);

“(2) includes a method for easily retrieving information sufficient to identify—

“(A) each resident of the State who owns, possesses, or controls a handgun in the State; and

“(B) the handgun; and

“(3) at a minimum, imposes criminal penalties on any person who—

“(A) owns, possesses, or controls a handgun in the State, and—

“(i) is not licensed by the State to possess a handgun; or

“(ii) has not registered the handgun with a Federal, State, or local law enforcement agency; or

“(B) transfers or receives handgun ammunition, unless the recipient—

“(i) is a licensed importer, licensed manufacturer, or licensed dealer; or

“(ii) before the receipt, has presented to the transferor—

“(I) a valid firearms purchaser identification card issued by the State to the recipient;

“(II) a valid copy of a handgun purchase permit issued by the State to the recipient; or

“(III) a valid permit to carry a handgun issued by the State to the recipient.

“(c) A certification under subsection (b) with respect to a State shall have no force or effect on or after the date the Attorney General finds, after an opportunity for a hearing on the record, that the State does not have in effect the system described in subsection (b).

“(d) The Attorney General shall prescribe such regulations as may be necessary to carry out this section.”.

(b) Penalties.—Section 924(a) of such title is amended by adding at the end the following:

“(8) Whoever knowingly violates section 932(a)(2) shall be fined under this title, imprisoned, or both. The court shall not suspend a sentence of imprisonment imposed under this paragraph.”.

(c) Clerical Amendment.—The table of sections for such chapter is amended by adding at the end the following:


“932. Licensing and registration of handguns.”.

(d) Effective Date.—The amendments made by this section shall apply to conduct engaged in after the 2-year period that begins with the date of the enactment of this Act.

SEC. 3. GRANTS FOR STATE IMPLEMENTATION OF PROGRAMS TO LICENSE AND REGISTER HANDGUNS.

(a) In General.—The Attorney General is authorized to award grants to States, units of local government, and Indian tribes to comply with the requirements under subsection (a) of section 932 of title 18, United States Code, or to implement a system described in subsection (b) of that section.

(b) Program Authorized.—From the amounts appropriated to carry out this section, and not later than 90 days after such amounts are appropriated, the Attorney General shall award grants, on a competitive basis, to eligible applicants whose applications are approved under subsection (c) to assist such applicants in carrying out the activities described in subsection (a).

(c) Application.—To be eligible to receive a grant under this Act, a State, unit of local government, or Indian tribe shall submit to the Attorney General an application at such time, in such manner, and containing such information as the Attorney General may require, including—

(1) whether the applicant will use the grant to—

(A) comply with the requirements under subsection (a) of section 932 of title 18, United States Code; or

(B) implement a system described in subsection (b) of that section, including a description of the law that the applicant has enacted to require a license for any purchase of a handgun including a description of any other exemptions to such law; and

(2) a description of the specific activities for which the applicant will use the grant.

(d) Use Of Funds.—A grantee under this Act shall use such grant to carry out the activities described in subsection (a).

(e) Audits.—The Attorney General shall conduct an audit every 2 years of each applicant receiving a grant under this section, and may conduct such additional audits as the Attorney General determines necessary.

(f) Report.—The Attorney General shall submit an annual report to Congress on the grant program under this section, which shall include information on the progress made in establishing the Federal system described in subsection (a) of section 932 of title 18, United States Code, and the progress made by States in establishing a system described in subsection (b) of such section.

(g) Authorization Of Appropriations.—There is authorized to be appropriated such sums as may be necessary to carry out this Act.

 

Quote

PES: Requires a license to be required to purchase a handgun which must be registered and gives the Attorney General and States the ability to fund and enforce the rules of the bill.

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Mr. Speaker, 

This bill is a total and full assault on our Constitution. I hope that all liberty loving members of this house vote against this awful bill.

I yield.

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Mr. Speaker,

Let's have a look at this bill. "A federal system for the licensing and registration of all handguns owned, possessed, or controlled in the United States." So a gun registry? The federal government will basically maintain a list at all times that let's it know where and by whom a hand gun is possessed by? This is a clear overreach of Federal power and not something many Americans will support. There's "common sense" and then theirs this.

I yield.

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Mr.Speaker,

Americans want something to be done to end mass shootings in schools, syanagouges, restaurants, festivals and Malls, this registry will ensure those who shouldn't have a handgun won't. And also as far as the constitutional side the 2nd amendment states "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." Thus Mr.Speaker we are maintaining our constitutionally given right to regulate the use of arms without taking or infringing on the law abiding citizens who wish to have a fire arm.

I yield. 

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Mr. Speaker,

I hope that the gentleman from Rhode Island is aware that the passage of this bill would be illegal. If he isn't I'll save him the embarrassment, the Firearm Owners Protection Act of 1986 affirmed, and I quote, "The conclusion is thus inescapable that the history, concept, and wording of the second amendment to the Constitution of the United States, as well as its interpretation by every major commentator and court in the first half-century after its ratification, indicates that what is protected is an individual right of a private citizen to own and carry firearms in a peaceful manner." 

Therefore it was concluded that, and I quote the bill, "No such rule or regulation prescribed [by the Attorney General] after the date of the enactment of the Firearms Owners Protection Act may require that records required to be maintained under this chapter or any portion of the contents of such records, be recorded at or transferred to a facility owned, managed, or controlled by the United States or any State or any political subdivision thereof, nor that any system of registration of firearms, firearms owners, or firearms transactions or disposition be established. Nothing in this section expands or restricts the Secretary's authority to inquire into the disposition of any firearm in the course of a criminal investigation.

In plain English,  the federal government is not allowed to keep a registry directly linking non-National Firearms Act firearms to their owners.

I yield.

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Mr.Speaker,

The House minority leader may want to let the states of California,New York,Maryland,Hawaii, and the mayor of DC know that even though there registry's keep them near the bottom of the list in terms of gun violence they are illegal. He should also let the 21 states which have legalized Marijuana know is illegal too. He may also not be a fan of the fact the states of New Jersy Michigan and Minnesota keep tabs on gun purchases as well even though they too are at the lower end of the spectrum. To conclude Mr.Speaker, much like the federal prohibition, or DOMA the act of making a gun registry illegal is outdated and was made back when gun violence wasnt what it is now, and we must change the laws to be better suited for the present day.

I yield. 

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Mr. Speaker,

The law I was referring to prohibits the federal government from keeping a registry. What happens in California, New York, DC, Maryland, and Hawaii is under the purview of those states. The bill before this house is still illegal while those are not.

I yield.

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Mr. Speaker, 

But again I say this bill would not be legal. You'd have to repeal the Firearms Owners Protection Act.

I yield.

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Democrats: 218 Aye, 2 Nay

Republicans: 2 Aye, 213 Nay

Final Vote Totals: 220 Aye, 215 Nay

 

Bill Passes

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