Sec. 202. Prohibition on manufacturing and distribution of handguns that are not personalized handguns
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Beginning on the date that is 5 years after the date of enactment of this Act, no person may manufacture in the United States a handgun that is not a personalized handgun. Beginning on the date that is 10 years after the date of enactment of this Act, no person may distribute in commerce any handgun that is not a personalized handgun or a retrofitted personalized handgun. Paragraphs
(1)and
(2)shall not apply to— an antique firearm; the manufacture of a firearm that is sold to the Department of Defense; or the sale or distribution of a firearm to the Department of Defense. Notwithstanding section 3(a)(5)(E) of the Consumer Product Safety Act ( 15 U.S.C. 2052(a)(5)(E) ), a violation of subsection
(a)or any rule promulgated by the Commission pursuant to paragraph
(4)shall be treated as a violation of section 19(a)(1) of the Consumer Product Safety Act ( 15 U.S.C. 2068(a)(1) ). Notwithstanding section 3(a)(5)(E) of the Consumer Product Safety Act ( 15 U.S.C. 2052(a)(5)(E) ), subsection
(a)and any rule promulgated pursuant to paragraph
(4)shall be considered consumer product safety rules. The Commission shall enforce this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Consumer Product Safety Act ( 15 U.S.C. 2051 et seq.) were incorporated into and made a part of this section. Any person who violates this section shall be subject to the penalties and entitled to the privileges and immunities provided in the Consumer Product Safety Act ( 15 U.S.C. 2051 et seq.). The Commission, in consultation with the Attorney General and the Director of the National Institute of Justice, may promulgate such rules as the Commission considers appropriate to carry out this section. In any case in which the attorney general of a State has reason to believe that an interest of the residents of the State has been or is threatened or adversely affected by the engagement of any person in a practice that violates subsection (a), the attorney general of the State may, as parens patriae, bring a civil action on behalf of the residents of the State in an appropriate district court of the United States— to enjoin further violation of such subsection by such person; to compel compliance with such subsection; to obtain damages, restitution, or other compensation on behalf of such residents; or to such civil penalties and other relief as the court considers appropriate. Except as provided in clause (iii), the attorney general of a State shall notify the Commission in writing that the attorney general intends to bring a civil action under paragraph
(1)not later than 10 days before initiating the civil action. The notification required by clause
(i)with respect to a civil action shall include a copy of the complaint to be filed to initiate the civil action. If it is not feasible for the attorney general of a State to provide the notification required by clause
(i)before initiating a civil action under paragraph (1), the attorney general shall notify the Commission immediately upon instituting the civil action. The Commission may— intervene in any civil action brought by the attorney general of a State under paragraph (1); and upon intervening— be heard on all matters arising in the civil action; and file petitions for appeal of a decision in the civil action. Nothing in this subsection may be construed to prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of the State to conduct investigations, to administer oaths or affirmations, or to compel the attendance of witnesses or the production of documentary or other evidence. If the Commission institutes a civil action or an administrative action with respect to a violation of subsection (b), the attorney general of a State may not, during the pendency of such action, bring a civil action under paragraph
(1)against any defendant named in the complaint of the Commission for the violation with respect to which the Commission instituted such action. Any action brought under paragraph
(1)may be brought in— the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code; or another court of competent jurisdiction. In an action brought under paragraph (1), process may be served in any district in which the defendant— is an inhabitant; or may be found. In addition to civil actions brought by attorneys general under paragraph (1), any other officer of a State who is authorized by the State to do so may bring a civil action under paragraph (1), subject to the same requirements and limitations that apply under this subsection to civil actions brought by attorneys general. Nothing in this subsection may be construed to prohibit an authorized official of a State from initiating or continuing any proceeding in a court of the State for a violation of any civil or criminal law of the State. Upon the request of the owner of a handgun that was manufactured in the United States and that is not a personalized handgun or retrofitted personalized handgun, the manufacturer of the handgun— shall— retrofit the handgun so that the handgun is a retrofitted personalized handgun; and return the handgun to the owner within a reasonable period of time; and may not request compensation for the retrofit from the owner. Not later than 1 year after the date of enactment of this Act, the Commission, in consultation with the Attorney General and the Director of the National Institute of Justice, shall by regulation establish the maximum period of time within which a manufacturer that receives a request from the owner of a handgun under paragraph
(1)shall retrofit and return the handgun to the owner. Section 524(c)(1) of title 28, United States Code, is amended— in subparagraph (H), by striking and at the end; in subparagraph (I), by striking the period at the end and inserting ; and ; and by inserting after subparagraph
(I)the following: payments to reimburse manufacturers of handguns for the costs of retrofitting handguns to comply with the requirement under section 202(d)(1) of the Handgun Trigger Safety Act of 2017 . . This section shall not be construed as superseding, altering, or affecting any provision of law of a State, except to the extent that such provision of law is inconsistent with the provisions of this section, and then only to the extent of the inconsistency.
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Sec. 202
Prohibition on manufacturing and distribution of handguns that are not personalized handguns
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