Who sponsors HR 5717?

HR 5717 is sponsored by Johnson, Henry C. "Hank" (Democratic).

What is the current status of HR 5717?

This bill died with 116th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

Where can I track HR 5717?

Track HR 5717 free on One Click Politics — get push/email alerts when it moves.

HR 5717: Gun Violence Prevention and Community Safety Act of 2020

Summary

Gun Violence Prevention and Community Safety Act of 2020 This bill makes various changes to the federal framework governing the sale, transfer, and possession of firearms and ammunition. Among other things, the bill does the following: generally requires individuals to obtain a license to purchase, acquire, or possess a firearm or ammunition; raises the minimum age—from 18 years to 21 years—to purchase firearms and ammunition; establishes new background check requirements for firearm transfers between private parties; requires law enforcement agencies to be notified following a firearms-related background check that results in a denial; creates a statutory process for a family or household member to petition a court for an extreme risk protection order to remove firearms from an individual who poses a risk of committing violence; restricts the import, sale, manufacture, transfer, or possession of semiautomatic assault weapons and large capacity ammunition feeding devices; restricts the manufacture, sale, transfer, purchase, or receipt of ghost guns (i.e., guns without serial numbers); makes trafficking in firearms a stand-alone criminal offense; requires federally licensed gun dealers to submit and annually certify compliance with a security plan to detect and deter firearm theft; removes limitations on the civil liability of gun manufacturers; allows the Consumer Product Safety Commission to issue safety standards for firearms and firearm components; establishes a community violence intervention grant program; and promotes research on firearms safety and gun violence prevention.

Bill Text

Introduced Introduced in House Current html January 30, 2020

Sections of law this bill changes

18 sections in 9 laws

From the bill's own amending language, matched to the official United States Code (current through Public Law 119-124).

Consumer product safety · 15 U.S.C. ch. 47 1 section Amends the act as a whole

§ 2052 Definitions Amends

15 U.S.C. § 2052 — at 2052(a)(5)

The law today

(a) In general In this chapter: (1) Appropriate Congressional committees The term “appropriate Congressional committees” means the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. (2) Children’s product The term “children’s product” means a consumer product designed or intended primarily for children 12 years of age or younger. In determining whether a consumer product is primarily intended for a child 12 years of age or younger, the following factors shall be considered: (A) A statement by a manufacturer about the intended use of such product, including a label on such product if such statement is reasonable. (B) Whether the product is represented in its packaging, display, promotion, or advertising as appropriate for use by children 12 years of age or younger. (C) Whether the product is commonly recognized by consumers as being intended for use by a child 12 years of age or younger. (D) The Age Determination Guidelines issued by the Commission staff in September 2002, and any successor to such guidelines. (3) Commerce The term “commerce” means trade, traffic, commerce, or transportation— (A) between a place in a State and any place outside thereof, or (B) which affects trade, traffic, commerce, or transportation described in subparagraph (A). (4) Commission The term “Commission” means the Consumer Product Safety Commission, established by section 2053 of this title. (5) Consumer product The term “consumer product” means any article, or component part thereof, produced or distributed (i) for sale to a consumer for use in or around a permanent or temporary household or residence, a school, in recreation, or otherwise, or (ii) for the personal use, consumption or enjoyment of a consumer in or around a permanent or temporary household or residence, a school, in recreation, or otherwise; but such term does not include— (A) any article which is not customarily produced or distributed for sale to, or use or consumption by, or enjoyment of, a consumer, (B) tobacco and tobacco products, (C) motor vehicles or motor vehicle equipment (as defined by section 30102(a)(6) and (7) of title 49 1), (D) pesticides (as defined by the Federal Insecticide, Fungicide, and Rodenticide Act [7 U.S.C. 136 et seq.]), (E) any article which, if sold by the manufacturer, producer, or importer, would be subject to the tax imposed by section 4181 of the Internal Revenue Code of 1986 [26 U.S.C. 4181] (determined without regard to any exemptions from such tax provided by section 4182 or 4221, or any other provision of such Code), or any component of any such article, (F) aircraft, aircraft engines, propellers, or appliances (as defined in section 40102(a) of title 49), (G) boats which could be subjected to safety regulation under chapter 43 of title 46; vessels, and appurtenances to vessels (other than such boats), which could be subjected to safety regulation under title 52 of the Revised Statutes or other marine safety statutes administered by the department in which the Coast Guard is operating; and equipment (including associated equipment, as defined in section 2101(1) of title 46) to the extent that a risk of injury associated with the use of such equipment on boats or vessels could be eliminated or reduced by actions taken under any statute referred to in this subparagraph, (H) drugs, devices, or cosmetics (as such terms are defined in sections 201(g), (h), and (i) of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 321(g), (h), and (i)]), or (I) food. The term “food”, as used in this subparagraph means all “food”, as defined in section 201(f) of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 321(f)], including poultry and poultry products (as defined in sections 4(e) and (f) of the Poultry Products Inspection Act [21 U.S.C. 453(e) and (f)]), meat, meat food products (as defined in section 1(j) of the Federal Meat Inspection Act [21 U.S.C. 601(j)]), and...

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Firearms · 18 U.S.C. ch. 44 6 sections

§ 921 Definitions Amends

18 U.S.C. § 921 — at 921(a), 921(a)(15), 921(a)(3), and 921(a)(21)(C)

The law today

(a) As used in this chapter— (1) The term “person” and the term “whoever” include any individual, corporation, company, association, firm, partnership, society, or joint stock company. (2) The term “interstate or foreign commerce” includes commerce between any place in a State and any place outside of that State, or within any possession of the United States (not including the Canal Zone) or the District of Columbia, but such term does not include commerce between places within the same State but through any place outside of that State. The term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, and the possessions of the United States (not including the Canal Zone). (3) The term “firearm” means (A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any such weapon; (C) any firearm muffler or firearm silencer; or (D) any destructive device. Such term does not include an antique firearm. (4) The term “destructive device” means— (A) any explosive, incendiary, or poison gas— (i) bomb, (ii) grenade, (iii) rocket having a propellant charge of more than four ounces, (iv) missile having an explosive or incendiary charge of more than one-quarter ounce, (v) mine, or (vi) device similar to any of the devices described in the preceding clauses; (B) any type of weapon (other than a shotgun or a shotgun shell which the Attorney General finds is generally recognized as particularly suitable for sporting purposes) by whatever name known which will, or which may be readily converted to, expel a projectile by the action of an explosive or other propellant, and which has any barrel with a bore of more than one-half inch in diameter; and (C) any combination of parts either designed or intended for use in converting any device into any destructive device described in subparagraph (A) or (B) and from which a destructive device may be readily assembled. The term “destructive device” shall not include any device which is neither designed nor redesigned for use as a weapon; any device, although originally designed for use as a weapon, which is redesigned for use as a signaling, pyrotechnic, line throwing, safety, or similar device; surplus ordnance sold, loaned, or given by the Secretary of the Army pursuant to the provisions of section 7684(2), 7685, or 7686 of title 10; or any other device which the Attorney General finds is not likely to be used as a weapon, is an antique, or is a rifle which the owner intends to use solely for sporting, recreational or cultural purposes. (5) The term “shotgun” means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of an explosive to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger. (6) The term “short-barreled shotgun” means a shotgun having one or more barrels less than eighteen inches in length and any weapon made from a shotgun (whether by alteration, modification or otherwise) if such a weapon as modified has an overall length of less than twenty-six inches. (7) The term “rifle” means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of an explosive to fire only a single projectile through a rifled bore for each single pull of the trigger. (8) The term “short-barreled rifle” means a rifle having one or more barrels less than sixteen inches in length and any weapon made from a rifle (whether by alteration, modification, or otherwise) if such weapon, as modified, has an overall length of less than twenty-six inches. (9) The term “importer” means any person engaged in the business of importing or bringing firearms or ammunition into the United States for purposes of sale or distribution; ...

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§ 922 Unlawful acts Amends

18 U.S.C. § 922 — at 922(y)(2), 922(s)(1)(C), 922(g)(2), 922(z), 922(q)(2)(B), and 922(p)

The law today

(a) It shall be unlawful— (1) for any person— (A) except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms, or in the course of such business to ship, transport, or receive any firearm in interstate or foreign commerce; or (B) except a licensed importer or licensed manufacturer, to engage in the business of importing or manufacturing ammunition, or in the course of such business, to ship, transport, or receive any ammunition in interstate or foreign commerce; (2) for any importer, manufacturer, dealer, or collector licensed under the provisions of this chapter to ship or transport in interstate or foreign commerce any firearm to any person other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, except that— (A) this paragraph and subsection (b)(3) shall not be held to preclude a licensed importer, licensed manufacturer, licensed dealer, or licensed collector from returning a firearm or replacement firearm of the same kind and type to a person from whom it was received; and this paragraph shall not be held to preclude an individual from mailing a firearm owned in compliance with Federal, State, and local law to a licensed importer, licensed manufacturer, licensed dealer, or licensed collector; (B) this paragraph shall not be held to preclude a licensed importer, licensed manufacturer, or licensed dealer from depositing a firearm for conveyance in the mails to any officer, employee, agent, or watchman who, pursuant to the provisions of section 1715 of this title, is eligible to receive through the mails pistols, revolvers, and other firearms capable of being concealed on the person, for use in connection with his official duty; and (C) nothing in this paragraph shall be construed as applying in any manner in the District of Columbia, the Commonwealth of Puerto Rico, or any possession of the United States differently than it would apply if the District of Columbia, the Commonwealth of Puerto Rico, or the possession were in fact a State of the United States; (3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State, (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter; (4) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, to transport in interstate or foreign commerce any destructive device, machinegun (as defined in section 5845 of the Internal Revenue Code of 1986), short-barreled shotgun, or short-barreled rifle, except as specifically authorized by the Attorney General consistent with public safety and necessity; (5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; exc...

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§ 923 Licensing Amends

18 U.S.C. § 923 — at 923(i), 923(g), 923(d)(1), 923(g)(1)(B)(ii), 923(g)(1), 923(c), and 923(g)(6)

The law today

(a) No person shall engage in the business of importing, manufacturing, or dealing in firearms, or importing or manufacturing ammunition, until he has filed an application with and received a license to do so from the Attorney General. The application shall be in such form and contain only that information necessary to determine eligibility for licensing as the Attorney General shall by regulation prescribe and shall include a photograph and fingerprints of the applicant. Each applicant shall pay a fee for obtaining such a license, a separate fee being required for each place in which the applicant is to do business, as follows: (1) If the applicant is a manufacturer— (A) of destructive devices, ammunition for destructive devices or armor piercing ammunition, a fee of $1,000 per year; (B) of firearms other than destructive devices, a fee of $50 per year; or (C) of ammunition for firearms, other than ammunition for destructive devices or armor piercing ammunition, a fee of $10 per year. (2) If the applicant is an importer— (A) of destructive devices, ammunition for destructive devices or armor piercing ammunition, a fee of $1,000 per year; or (B) of firearms other than destructive devices or ammunition for firearms other than destructive devices, or ammunition other than armor piercing ammunition, a fee of $50 per year. (3) If the applicant is a dealer— (A) in destructive devices or ammunition for destructive devices, a fee of $1,000 per year; or (B) who is not a dealer in destructive devices, a fee of $200 for 3 years, except that the fee for renewal of a valid license shall be $90 for 3 years. (b) Any person desiring to be licensed as a collector shall file an application for such license with the Attorney General. The application shall be in such form and contain only that information necessary to determine eligibility as the Attorney General shall by regulation prescribe. The fee for such license shall be $10 per year. Any license granted under this subsection shall only apply to transactions in curios and relics. (c) Upon the filing of a proper application and payment of the prescribed fee, the Attorney General shall issue to a qualified applicant the appropriate license which, subject to the provisions of this chapter and other applicable provisions of law, shall entitle the licensee to transport, ship, and receive firearms and ammunition covered by such license in interstate or foreign commerce during the period stated in the license. Nothing in this chapter shall be construed to prohibit a licensed manufacturer, importer, or dealer from maintaining and disposing of a personal collection of firearms, subject only to such restrictions as apply in this chapter to dispositions by a person other than a licensed manufacturer, importer, or dealer. If any firearm is so disposed of by a licensee within one year after its transfer from his business inventory into such licensee’s personal collection or if such disposition or any other acquisition is made for the purpose of willfully evading the restrictions placed upon licensees by this chapter, then such firearm shall be deemed part of such licensee’s business inventory, except that any licensed manufacturer, importer, or dealer who has maintained a firearm as part of a personal collection for one year and who sells or otherwise disposes of such firearm shall record the description of the firearm in a bound volume, containing the name and place of residence and date of birth of the transferee if the transferee is an individual, or the identity and principal and local places of business of the transferee if the transferee is a corporation or other business entity: Provided, That no other recordkeeping shall be required. (d) (1) Any application submitted under subsection (a) or (b) of this section shall be approved if— (A) the applicant is twenty-one years of age or over; (B) the applicant (including, in the case of a corporation, partnership, or association, any individual poss...

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§ 924 Penalties Amends

18 U.S.C. § 924 — at 924(d)(3), 924(a)(1)(B), 924(d), 924(a)(2), and 924(a)(3)

The law today

(a) (1) Except as otherwise provided in this subsection, subsection (b), (c), (f), or (p) of this section, or in section 929, whoever— (A) knowingly makes any false statement or representation with respect to the information required by this chapter to be kept in the records of a person licensed under this chapter or in applying for any license or exemption or relief from disability under the provisions of this chapter; (B) knowingly violates subsection (a)(4), (f), (k), or (q) of section 922; (C) knowingly imports or brings into the United States or any possession thereof any firearm or ammunition in violation of section 922(l); or (D) willfully violates any other provision of this chapter, shall be fined under this title, imprisoned not more than five years, or both. (2) Whoever knowingly violates subsection (a)(6), (h), (i), (j), or (o) of section 922 shall be fined as provided in this title, imprisoned not more than 10 years, or both. (3) Any licensed dealer, licensed importer, licensed manufacturer, or licensed collector who knowingly— (A) makes any false statement or representation with respect to the information required by the provisions of this chapter to be kept in the records of a person licensed under this chapter, or (B) violates subsection (m) of section 922, shall be fined under this title, imprisoned not more than one year, or both. (4) Whoever violates section 922(q) shall be fined under this title, imprisoned for not more than 5 years, or both. Notwithstanding any other provision of law, the term of imprisonment imposed under this paragraph shall not run concurrently with any other term of imprisonment imposed under any other provision of law. Except for the authorization of a term of imprisonment of not more than 5 years made in this paragraph, for the purpose of any other law a violation of section 922(q) shall be deemed to be a misdemeanor. (5) Whoever knowingly violates subsection (s) or (t) of section 922 shall be fined under this title, imprisoned for not more than 1 year, or both. (6) (A) (i) A juvenile who violates section 922(x) shall be fined under this title, imprisoned not more than 1 year, or both, except that a juvenile described in clause (ii) shall be sentenced to probation on appropriate conditions and shall not be incarcerated unless the juvenile fails to comply with a condition of probation. (ii) A juvenile is described in this clause if— (I) the offense of which the juvenile is charged is possession of a handgun or ammunition in violation of section 922(x)(2); and (II) the juvenile has not been convicted in any court of an offense (including an offense under section 922(x) or a similar State law, but not including any other offense consisting of conduct that if engaged in by an adult would not constitute an offense) or adjudicated as a juvenile delinquent for conduct that if engaged in by an adult would constitute an offense. (B) A person other than a juvenile who knowingly violates section 922(x)— (i) shall be fined under this title, imprisoned not more than 1 year, or both; and (ii) if the person sold, delivered, or otherwise transferred a handgun or ammunition to a juvenile knowing or having reasonable cause to know that the juvenile intended to carry or otherwise possess or discharge or otherwise use the handgun or ammunition in the commission of a crime of violence, shall be fined under this title, imprisoned not more than 10 years, or both. (7) Whoever knowingly violates section 931 shall be fined under this title, imprisoned not more than 3 years, or both. (8) Whoever knowingly violates subsection (d) or (g) of section 922 shall be fined under this title, imprisoned for not more than 15 years, or both. (b) Whoever, with intent to commit therewith an offense punishable by imprisonment for a term exceeding one year, or with knowledge or reasonable cause to believe that an offense punishable by imprisonment for a term exceeding one year is to be committed therewith, ships, transport...

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§ 925A Remedy for erroneous denial of firearm Amends

18 U.S.C. § 925A

The law today

Any person denied a firearm pursuant to subsection (s) or (t) of section 922— (1) due to the provision of erroneous information relating to the person by any State or political subdivision thereof, or by the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act; or (2) who was not prohibited from receipt of a firearm pursuant to subsection (g) or (n) of section 922, may bring an action against the State or political subdivision responsible for providing the erroneous information, or responsible for denying the transfer, or against the United States, as the case may be, for an order directing that the erroneous information be corrected or that the transfer be approved, as the case may be. In any action under this section, the court, in its discretion, may allow the prevailing party a reasonable attorney’s fee as part of the costs.

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§ 926 Rules and regulations Amends

18 U.S.C. § 926

The law today

(a) The Attorney General may prescribe only such rules and regulations as are necessary to carry out the provisions of this chapter, including— (1) regulations providing that a person licensed under this chapter, when dealing with another person so licensed, shall provide such other licensed person a certified copy of this license; (2) regulations providing for the issuance, at a reasonable cost, to a person licensed under this chapter, of certified copies of his license for use as provided under regulations issued under paragraph (1) of this subsection; and (3) regulations providing for effective receipt and secure storage of firearms relinquished by or seized from persons described in subsection (d)(8) or (g)(8) of section 922. No such rule or regulation prescribed 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 dispositions be established. Nothing in this section expands or restricts the Secretary’s 1 authority to inquire into the disposition of any firearm in the course of a criminal investigation. (b) The Attorney General shall give not less than ninety days public notice, and shall afford interested parties opportunity for hearing, before prescribing such rules and regulations. (c) The Attorney General shall not prescribe rules or regulations that require purchasers of black powder under the exemption provided in section 845(a)(5) of this title to complete affidavits or forms attesting to that exemption.

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Manufacturers excise taxes · 26 U.S.C. ch. 32 2 sections

§ 4181 Imposition of tax Amends

26 U.S.C. § 4181

The law today

There is hereby imposed upon the sale by the manufacturer, producer, or importer of the following articles a tax equivalent to the specified percent of the price for which so sold: Articles taxable at 10 percent— Pistols. Revolvers. Articles taxable at 11 percent— Firearms (other than pistols and revolvers). Shells, and cartridges.

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§ 4182 Exemptions Amends

26 U.S.C. § 4182 — at 4182(d)

The law today

(a) Machine guns and short barrelled firearms The tax imposed by section 4181 shall not apply to any firearm on which the tax provided by section 5811 has been paid. For purposes of the preceding sentence, any firearm described in section 5811(a)(2) shall be deemed to be a firearm on which the tax provided by section 5811 has been paid. (b) Sales to defense department No firearms, pistols, revolvers, shells, and cartridges purchased with funds appropriated for the military department shall be subject to any tax imposed on the sale or transfer of such articles. (c) Small manufacturers, etc. (1) In general The tax imposed by section 4181 shall not apply to any pistol, revolver, or firearm described in such section if manufactured, produced, or imported by a person who manufactures, produces, and imports less than an aggregate of 50 of such articles during the calendar year. (2) Controlled groups All persons treated as a single employer for purposes of subsection (a) or (b) of section 52 shall be treated as one person for purposes of paragraph (1). (d) Records Notwithstanding the provisions of sections 922(b)(5) and 923(g) of title 18, United States Code, no person holding a Federal license under chapter 44 of title 18, United States Code, shall be required to record the name, address, or other information about the purchaser of shotgun ammunition, ammunition suitable for use only in rifles generally available in commerce, or component parts for the aforesaid types of ammunition.

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Federal bureau of investigation · 28 U.S.C. ch. 33 1 section

§ 534 Acquisition, preservation, and exchange of identification records and information; appointment of officials Amends

28 U.S.C. § 534

The law today

(a) The Attorney General shall— (1) acquire, collect, classify, and preserve identification, criminal identification, crime, and other records; (2) acquire, collect, classify, and preserve any information which would assist in the identification of any deceased individual who has not been identified after the discovery of such deceased individual; (3) acquire, collect, classify, and preserve any information which would assist in the location of any missing person (including an unemancipated person as defined by the laws of the place of residence of such person) and provide confirmation as to any entry for such a person to the parent, legal guardian, or next of kin of that person (and the Attorney General may acquire, collect, classify, and preserve such information from such parent, guardian, or next of kin); (4) exchange such records and information with, and for the official use of, authorized officials of the Federal Government, including the United States Sentencing Commission, the States, including State sentencing commissions, Indian tribes, cities, and penal and other institutions; and (5) provide a person licensed as an importer, manufacturer, or dealer of firearms under chapter 44 of title 18 with information necessary to verify whether firearms offered for sale to such licensees have been stolen. (b) The exchange of records and information authorized by subsection (a)(4) of this section is subject to cancellation if dissemination is made outside the receiving departments or related agencies, except for dissemination authorized under subsection (a)(5) of this section. (c) The Attorney General may appoint officials to perform the functions authorized by this section. (d) Indian Law Enforcement Agencies.— (1) In general.— The Attorney General shall permit tribal and Bureau of Indian Affairs law enforcement agencies— (A) to access and enter information into Federal criminal information databases; and (B) to obtain information from the databases. (2) Tribal Access Program.— (A) In general.— The Attorney General shall establish a program, to be known as the “Tribal Access Program”, to enhance the ability of tribal governments and their authorized agencies to access, enter information into, and obtain information from national criminal information databases under this section. (B) Authorization of appropriations.— There is authorized to be appropriated to carry out the Tribal Access Program under subparagraph (A) $6,000,000 for each of fiscal years 2023 through 2027, to remain available until expended. (3) Information sharing.— To the extent otherwise permitted by law, any report issued as a result of the analysis of information entered into national criminal information databases or obtained from Federal criminal databases shall be shared with each Indian tribe of jurisdiction, including Indian tribes located in the State of Maine. (e) For purposes of this section, the term “other institutions” includes— (1) railroad police departments which perform the administration of criminal justice and have arrest powers pursuant to a State statute, which allocate a substantial part of their annual budget to the administration of criminal justice, and which meet training requirements established by law or ordinance for law enforcement officers; and (2) police departments of private colleges or universities which perform the administration of criminal justice and have arrest powers pursuant to a State statute, which allocate a substantial part of their annual budget to the administration of criminal justice, and which meet training requirements established by law or ordinance for law enforcement officers. (f) (1) Information from national crime information databases consisting of identification records, criminal history records, protection orders, and wanted person records may be disseminated to civil or criminal courts for use in domestic violence or stalking cases. Nothing in this subsection shall be construed to permit access to...

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Justice system improvement · 34 U.S.C. ch. 101 1 section Amends the act as a whole

§ 10261 Authorization of appropriations Amends

34 U.S.C. § 10261 — at 10261(a)

The law today

(a) (1) There is authorized to be appropriated $30,000,000 for fiscal year 1992 and $33,000,000 for each of the fiscal years 1994 and 1995 to carry out the functions of the Bureau of Justice Statistics. (2) There is authorized to be appropriated $30,000,000 for fiscal year 1992 and $33,000,000 for each of the fiscal years 1994 and 1995 to carry out the functions of the National Institute of Justice. (3) There are authorized to be appropriated such sums as may be necessary for fiscal year 1992 and $28,000,000 for each of the fiscal years 1994 and 1995 to carry out the remaining functions of the Office of Justice Programs and the Bureau of Justice Assistance other than functions under subchapters IV, V, part F,1 subchapters VI, XI, XII, XIII, XIV, XV, XVI, XVII, XVIII, XIX, XX, part V,1 subchapters XXII, and XXIII or 2 XXX. (4) There are authorized to be appropriated for each fiscal year such sums as may be necessary to carry out subchapter XI of this chapter. (5) There are authorized to be appropriated such sums as may be necessary for fiscal year 1992 and $1,000,000,000 for each of the fiscal years 1994 and 1995 to carry out the programs under subchapters IV and V (other than subpart 2 of part B) 3 (other than subpart 1 of part B of subchapter V) of this chapter. (6) There are authorized to be appropriated such sums as may be necessary for fiscal year 1992, $245,000,000 for fiscal year 1993, and such sums as may be necessary for fiscal year 4 1994 and 1995 to carry out subpart 1 of part B of subchapter V of this chapter. (7) There is authorized to be appropriated to carry out subchapter XIII $1,000,000 for each of fiscal years 2001 through 2005. (8) There are authorized to be appropriated such sums as may be necessary for fiscal year 1992, $16,500,000 for fiscal year 1993, and such sums as may be necessary for fiscal year 4 1994 and 1995. (9) There are authorized to be appropriated to carry out subchapter XIV— (A) $24,000,000 for fiscal year 1996; (B) $40,000,000 for fiscal year 1997; (C) $50,000,000 for fiscal year 1998; (D) $60,000,000 for fiscal year 1999; and (E) $66,000,000 for fiscal year 2000. (10) There are 5 authorized to be appropriated $10,000,000 for each of the fiscal years 1994, 1995, and 1996 to carry out projects under subchapter XV. (11) (A) There are authorized to be appropriated to carry out subchapter XVI, to remain available until expended $1,047,119,000 for each of fiscal years 2006 through 2009. (B) Of funds available under subchapter XVI in any fiscal year, up to 3 percent may be used for technical assistance under section 10381(d) of this title or for evaluations or studies carried out or commissioned by the Attorney General in furtherance of the purposes of subchapter XVI. Of the remaining funds, 50 percent shall be allocated for grants pursuant to applications submitted by units of local government or law enforcement agencies having jurisdiction over areas with populations exceeding 150,000 or by public and private entities that serve areas with populations exceeding 150,000, and 50 percent shall be allocated for grants pursuant to applications submitted by units of local government or law enforcement agencies having jurisdiction over areas with populations 150,000 or less or by public and private entities that serve areas with populations 150,000 or less. In view of the extraordinary need for law enforcement assistance in Indian country, an appropriate amount of funds available under subchapter XVI shall be made available for grants to Indian tribal governments or tribal law enforcement agencies. (16)  6 There are authorized to be appropriated to carry out projects under subchapter XVII— (A) $20,000,000 for fiscal year 1996; (B) $25,000,000 for fiscal year 1997; (C) $30,000,000 for fiscal year 1998; (D) $35,000,000 for fiscal year 1999; and (E) $40,000,000 for fiscal year 2000. (17) There are authorized to be appropriated to carry out the projects under subchapter XVIII— (A) $27,000,000 for fisca...

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National instant criminal background check system · 34 U.S.C. ch. 409 2 sections

§ 40901 Establishment Amends

34 U.S.C. § 40901 — at 40901(b)

The law today

(a) Determination of timetables Not later than 6 months after November 30, 1993, the Attorney General shall— (1) determine the type of computer hardware and software that will be used to operate the national instant criminal background check system and the means by which State criminal records systems and the telephone or electronic device of licensees will communicate with the national system; (2) investigate the criminal records system of each State and determine for each State a timetable by which the State should be able to provide criminal records on an on-line capacity basis to the national system; and (3) notify each State of the determinations made pursuant to paragraphs (1) and (2). (b) Establishment of system (1) In general Not later than 60 months after November 30, 1993, the Attorney General shall establish a national instant criminal background check system that any licensee may contact, by telephone or by other electronic means in addition to the telephone, for information, to be supplied immediately, on whether receipt of a firearm by a prospective transferee would violate section 922 of title 18 or State law. (2) Voluntary background checks (A) In general Not later than 90 days after June 25, 2022, the Attorney General shall promulgate regulations allowing licensees to use the national instant criminal background check system established under this section for purposes of voluntarily conducting an employment background check relating to a current or prospective employee. The Attorney General may not collect a fee for an employment background check under this subparagraph. (B) Notice Before conducting an employment background check relating to a current or prospective employee under subparagraph (A), a licensee shall— (i) provide written notice to the current or prospective employee that the licensee intends to conduct the background check; and (ii) obtain consent to conduct the background check from the current or prospective employee in writing. (C) Exemption An employment background check conducted by a licensee under subparagraph (A) shall not be governed by the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.). (D) Appeal Any individual who is the subject of an employment background check conducted by a licensee under subparagraph (A) the result of which indicates that the individual is prohibited from possessing a firearm or ammunition pursuant to subsection (g) or (n) of section 922 of title 18 may appeal the results of the background check in the same manner and to the same extent as if the individual had been the subject of a background check relating to the transfer of a firearm. (c) Expedited action by the Attorney General The Attorney General shall expedite— (1) the upgrading and indexing of State criminal history records in the Federal criminal records system maintained by the Federal Bureau of Investigation; (2) the development of hardware and software systems to link State criminal history check systems into the national instant criminal background check system established by the Attorney General pursuant to this section; and (3) the current revitalization initiatives by the Federal Bureau of Investigation for technologically advanced fingerprint and criminal records identification. (d) Notification of licensees On establishment of the system under this section, the Attorney General shall notify each licensee and the chief law enforcement officer of each State of the existence and purpose of the system and the means to be used to contact the system. (e) Administrative provisions (1) Authority to obtain official information (A) In general Notwithstanding any other law, the Attorney General may secure directly from any department or agency of the United States such information on persons for whom receipt of a firearm would violate subsection (g) or (n) of section 922 of title 18 or State law, as is necessary to enable the system to operate in accordance with this section. (B) Request of attorney...

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§ 40903 Definitions Amends

34 U.S.C. § 40903 — at 40903(1)

The law today

As used in this chapter, the following definitions shall apply: (1) Court order The term “court order” includes a court order (as described in section 922(g)(8) of title 18). (2) Mental health terms The terms “adjudicated as a mental defective” and “committed to a mental institution” have the same meanings as in section 922(g)(4) of title 18. (3) Misdemeanor crime of domestic violence The term “misdemeanor crime of domestic violence” has the meaning given the term in section 921(a)(33) of title 18.

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Public health service · 42 U.S.C. ch. 6A Amends the act as a whole

Development and control of atomic energy · 42 U.S.C. ch. 23 1 section

§ 2201a Use of firearms by security personnel Amends

42 U.S.C. § 2201a — at 2201a(b)

The law today

(a) Definitions In this section, the terms “handgun”, “rifle”, “shotgun”, “firearm”, “ammunition”, “machinegun”, “short-barreled shotgun”, and “short-barreled rifle” have the meanings given the terms in section 921(a) of title 18. (b) Authorization Notwithstanding subsections (a)(4), (a)(5), (b)(2), (b)(4), and (o) of section 922 of title 18, section 925(d)(3) of title 18, section 5844 of title 26, and any law (including regulations) of a State or a political subdivision of a State that prohibits the transfer, receipt, possession, transportation, importation, or use of a handgun, a rifle, a shotgun, a short-barreled shotgun, a short-barreled rifle, a machinegun, a semiautomatic assault weapon, ammunition for any such gun or weapon, or a large capacity ammunition feeding device, in carrying out the duties of the Commission, the Commission may authorize the security personnel of any licensee or certificate holder of the Commission (including an employee of a contractor of such a licensee or certificate holder) to transfer, receive, possess, transport, import, and use 1 or more such guns, weapons, ammunition, or devices, if the Commission determines that— (1) the authorization is necessary to the discharge of the official duties of the security personnel; and (2) the security personnel— (A) are not otherwise prohibited from possessing or receiving a firearm under Federal or State laws relating to possession of firearms by a certain category of persons; (B) have successfully completed any requirement under this section for training in the use of firearms and tactical maneuvers; (C) are engaged in the protection of— (i) a facility owned or operated by a licensee or certificate holder of the Commission that is designated by the Commission; or (ii) radioactive material or other property owned or possessed by a licensee or certificate holder of the Commission, or that is being transported to or from a facility owned or operated by such a licensee or certificate holder, and that has been determined by the Commission to be of significance to the common defense and security or public health and safety; and (D) are discharging the official duties of the security personnel in transferring, receiving, possessing, transporting, or importing the weapons, ammunition, or devices. (c) Background checks A person that receives, possesses, transports, imports, or uses a weapon, ammunition, or a device under subsection (b) shall be subject to a background check by the Attorney General, based on fingerprints and including a background check under section 103(b) of the Brady Handgun Violence Prevention Act (Public Law 103–159; 18 U.S.C. 922 note) 1 to determine whether the person is prohibited from possessing or receiving a firearm under Federal or State law. (d) Effective date This section takes effect on the date on which guidelines are issued by the Commission, with the approval of the Attorney General, to carry out this section.

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Justice system improvement · 42 U.S.C. ch. 46 1 section

§ 3751 Transferred Amends

42 U.S.C. § 3751 — at 3751(a)(1)

This section is transferred in the current Code.

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Also cites: 5 U.S.C. § 553, 15 U.S.C. § 7901, 16 U.S.C. § 669b, 18 U.S.C. § 932, 18 U.S.C. § 2266, 20 U.S.C. § 1002, 25 U.S.C. § 5304, 26 U.S.C. § 5812, 34 U.S.C. § 10251, 34 U.S.C. § 10389, 34 U.S.C. § 12291

How this bill changes current law

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AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill establishes a Federal firearm owner's licensing system, requiring individuals to obtain a license to purchase or possess firearms and ammunition.

Chapter 44 of title 18, United States Code

Sec. 932. License to own firearms and ammunition

This section establishes the requirement for individuals to obtain a Federal firearm owner's license.
Section 932(a)

~~it shall be unlawful for any individual who is not licensed under this section to knowingly purchase, acquire, or possess a firearm or ammunition~~ → Except otherwise provided in this section, it shall be unlawful for any individual who is not licensed under this section to knowingly purchase, acquire, or possess a firearm or ammunition.

This change makes it illegal for unlicensed individuals to buy or possess firearms.
Section 932(b)

An individual shall be eligible to receive a license under this section if the individual has attained 21 years of age; and has completed training in firearms safety, including a written test, hands-on testing, and background checks.

Sets the eligibility criteria for obtaining a Federal firearm owner's license, including age and safety training.
Section 932(c)(1)

The Attorney General shall issue a Federal firearm owner's license to any individual who is eligible under subsection (b).

Assigns responsibility to the Attorney General for issuing Federal firearm owner's licenses to eligible individuals.
Section 932(c)(3)

A Federal firearm owner's license issued under this section shall expire on the date that is 10 years after the date on which the license was issued.

Establishes a 10-year expiry for the Federal firearm owner's licenses.
Section 932(c)(4)

A Federal firearm owner's license issued under this section may be renewed at the end of the 10-year period described in paragraph (3).

Allows for the renewal of the Federal firearm owner's license after 10 years.
Section 932(c)(5)

The Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives may file a petition to deny or revoke a Federal firearm owner's license.

Grants the ATF Director the authority to petition for the denial or revocation of a firearm owner's license.
Section 932(d)

Subsection (a) shall not apply to previously possessed firearms by individuals who lawfully owned them before the licensing requirement was enacted.

Provides an exception for individuals who already possessed firearms legally before the new law was in effect.
Section 932(d)(2)

Subsection (a) shall not apply to an individual in a State if the Attorney General determines that the State has a process for issuing a State firearm owner's license that is substantially similar to the requirements of subsection (b).

Exempts individuals in states with similar licensing processes from the federal licensing requirement.
Section 932(d)(2)(B)(i)

Not later than 2 years after the date of enactment, the Attorney General shall publish a list of States that have in effect a process described in subparagraph (A).

Requires the Attorney General to create and publish a list of states with qualifying firearm licensing processes.

Action History

March 10, 2020
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
February 05, 2020
Sponsor introductory remarks on measure. (CR H838)
January 30, 2020
Introduced in House
January 30, 2020
Introduced in House
January 30, 2020
Referred to the Committee on the Judiciary, and in addition to the Committees on Energy and Commerce, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
January 30, 2020
Referred to the Committee on the Judiciary, and in addition to the Committees on Energy and Commerce, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
January 30, 2020
Referred to the Committee on the Judiciary, and in addition to the Committees on Energy and Commerce, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 546 not signed on

Sponsors (1)

Johnson, Henry C. "Hank" Democratic

Co-sponsors (0)

None.

Not signed on (546)

546 members have not signed on to this bill.

Show all 546 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Subjects

public-safety

Frequently asked questions

What does HR 5717 do?: Gun Violence Prevention and Community Safety Act of 2020 This bill makes various changes to the federal framework governing the sale, transfer, and possession of firearms and ammunition. Among other things, the bill does the following: generally requires individuals to obtain a license to purchase, acquire, or possess a firearm or ammunition; raises the minimum age—from 18 years to 21 years—to purchase firearms and ammunition; establishes new background check requirements for firearm transfers between private parties; requires law enforcement agencies to be notified following a firearms-related background check that results in a denial; creates a statutory process for a family or household member to petition a court for an extreme risk protection order to remove firearms from an individual who poses a risk of committing violence; restricts the import, sale, manufacture, transfer, or possession of semiautomatic assault weapons and large capacity ammunition feeding devices; restricts the manufacture, sale, transfer, purchase, or receipt of ghost guns (i.e., guns without serial numbers); makes trafficking in firearms a stand-alone criminal offense; requires federally licensed gun dealers to submit and annually certify compliance with a security plan to detect and deter firearm theft; removes limitations on the civil liability of gun manufacturers; allows the Consumer Product Safety Commission to issue safety standards for firearms and firearm components; establishes a community violence intervention grant program; and promotes research on firearms safety and gun violence prevention.
Who sponsors HR 5717?: HR 5717 is sponsored by Johnson, Henry C. "Hank" (Democratic).
What is the current status of HR 5717?: This bill died with 116th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HR 5717?: Track HR 5717 free on One Click Politics — get push/email alerts when it moves.

Gun Violence Prevention and Community Safety Act of 2020

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HR 5717 — Gun Violence Prevention and Community Safety Act of 2020