Sec. 402. Grant program regarding firearms
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/bill/113/s/2872/is/section-402A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 506(b) of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3756(b) ) is amended— by redesignating paragraphs
(1)and
(2)as subparagraphs
(A)and (B), respectively, and adjusting the margins accordingly; in the matter preceding subparagraph (A), as redesignated, by striking to 1 or more States or units of local government and all that follows and inserting the following: to— 1 or more States or units of local government, for 1 or more of the purposes specified in section 501, if the Attorney General determines that providing such funds is necessary— ; in paragraph (1), as designated, by striking the period at the end and inserting ; or ; and by adding at the end the following: 1 or more States, if each such State has demonstrated, in the determination of the Attorney General, that the State has adopted policies, procedures, protocols, laws, or regulations pertaining to the possession or transfer of firearms or ammunition that— give State and local law enforcement officers the authority, to the extent allowable under Federal laws and the United States Constitution, to seize firearms or ammunition from an individual pursuant to a warrant, if there is probable cause to believe that the individual poses an elevated risk of harm to himself or herself or to another individual, which may be determined by considering whether the individual— has caused harm to himself or herself or to another individual; has detailed plans to cause harm to himself or herself or to another individual; has a history of substance abuse; or lacks impulse control; and provide that not later than 14 days after a seizure of firearms or ammunition from an individual as described in subparagraph (A)— the individual shall be given an opportunity to contest the seizure in court; and any firearm or ammunition seized shall be returned to the individual unless a State or local law enforcement officer demonstrates in court by a preponderance of the evidence that the individual poses an elevated risk of harm to himself or herself or to another individual; or temporarily prohibit an individual who has been involuntarily hospitalized for a period of not less than 48 hours for mental illness on an emergency basis from possessing a firearm or ammunition; .
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Sec. 402
Grant program regarding firearms
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