Sec. 402. Grant program regarding firearms
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/bill/115/hr/4142/ih/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 ( 34 U.S.C. 10157(b) ) is amended— by striking 1 or more States or units of local government, for 1 or more of the purposes specified in section 501, pursuant to his determination that the same is necessary ; by inserting before paragraph
(1)the following: one or more States or units of local government, for one or more of the purposes specified in section 501, pursuant to his determination that the same is necessary— ; by redesignating the second paragraph
(1)as subparagraph (A); in paragraph (2)— by striking the period at the end and inserting ; or ; and by redesignating paragraph
(2)as subparagraph (B); and by adding at the end the following: one or more States, if that 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 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, where there is probable cause to believe that the individual in possession of such firearms or ammunition 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 another individual, has detailed plans to cause harm to himself or herself or another individual, has a history of substance abuse, or lacks impulse control; and provide that not later than 14 days after such a seizure, an individual from whom a firearm or ammunition was so seized shall be given an opportunity to contest such seizure in court, and any firearm or ammunition so 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 from whom a firearm or ammunition was seized 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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