Sec. 101. License to own firearms and ammunition
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Chapter 44 of title 18, United States Code, is amended by adding at the end the following: Except as 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. 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, to demonstrate knowledge of applicable firearms laws; hands-on testing, including firing testing, to demonstrate safe use of a firearm; as part of the process for applying for such a license— has submitted to a background investigation and criminal history check of the individual, including a background check using the National Instant Criminal Background Check System, to ensure that— the individual is not prohibited from possessing a firearm under subsection
(g)or
(n)of section 922; and the transfer of a firearm to the individual is not prohibited under section 922(d); and has submitted a photograph of the individual; has not been determined by a court, in accordance with subsection (c)(5), to be unsuitable to be issued a Federal firearm owner's license; and is not otherwise prohibited by Federal, State, Tribal, or local law from possessing a firearm. The Attorney General shall issue a Federal firearm owner's license to any individual who is eligible under subsection (b). Not later than 40 days after the date on which an individual submits an application for a Federal firearm owner's license under this section, the Attorney General shall— determine whether the individual is eligible to possess a license under this section; and based on the determination under subparagraph (A)— issue a Federal firearm owner's license to the individual; or provide written notice to the individual of— the determination that the individual is ineligible to possess such a license based on the requirements described in subsection (b), which shall include an explanation for the determination; or a petition filed under paragraph (5). 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. 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). The process for renewal of a Federal firearm owner's license under subparagraph
(A)shall include— an up-to-date background investigation and criminal history check of the individual; and a recent photograph of the individual. Not later than 40 days after the date on which an individual submits an application for a renewal of a Federal firearm owner's license under this paragraph, the Attorney General shall— issue a renewed Federal firearm owner's license to the individual; or provide written notice to the individual of— the determination that the individual is ineligible to possess such a license based on the requirements described in subsection (b), which shall include an explanation for the determination; or a petition filed under paragraph (5). The Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives may file a petition, which shall contain a written statement of the reasons supporting the finding required under subparagraph (D), in an appropriate district court of the United States that— an individual who has applied for a Federal firearm owner's license, or renewal thereof, under this section be denied the request for such license; or a previously issued Federal firearm owner's license be suspended or revoked. Any petition filed under subparagraph
(A)shall include written notice to the individual who requested, or is in possession of, the Federal firearm owner's license, as the case may be, describing the facts and circumstances justifying the petition. Not later than 90 days after the date on which a petition is filed under subparagraph (A), the court shall conduct a hearing. Not later than 15 days after the date on which a hearing is conducted under subparagraph (C), the court shall find that an individual is unsuitable to possess a Federal firearm owner's license if, based on a preponderance of the evidence, there exists— reliable, articulable, and credible information that the individual has exhibited or engaged in behavior to suggest the individual could potentially create a risk to public safety or significant risk of suicide; or other existing factors that suggest that the individual could potentially create a risk to public safety or significant risk of suicide. If a court finds an individual is unsuitable to possess a Federal firearm owner's license, the court shall notify the applicant in writing, setting forth the specific reasons for such determination. A determination of the Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives or a district court of the United States under this subparagraph may be appealed to the appropriate court of the United States. Subsection
(a)shall not apply to the possession of any firearm or ammunition by an individual who otherwise lawfully possessed the firearm or ammunition under Federal law on the date on which the Attorney General begins issuing Federal firearm owner's licenses under this section. Subsection
(a)shall not apply to an individual in a State if the Attorney General determines that the State— has in effect a process for issuing a State firearm owner's license to eligible individuals in the State that is substantially similar to the requirements of subsection (b); and provides to the Attorney General real-time validity information relating to firearm owner's licenses issued by the State, for inclusion in the database described in section (f). Not later than 2 years after the date of enactment of the Gun Violence Prevention and Community Safety Act of 2023 , the Attorney General shall publish a list of States that have in effect a process described in subparagraph (A). The Attorney General shall update the list described in clause
(i)immediately upon determining that a State should be included on or removed from the list. Subsection
(a)shall not apply to an individual who is a licensed dealer, licensed manufacturer, or licensed importer. Subsection
(a)shall not apply to— the importation for, manufacture for, sale to, transfer to, or possession by the United States or a department or agency of the United States or a State or a department, agency, or political subdivision of a State, or a sale or transfer to or possession by a qualified law enforcement officer employed by the United States or a department or agency of the United States or a State or a department, agency, or political subdivision of a State, for purposes of law enforcement (whether on or off duty), or a sale or transfer to or possession by a campus law enforcement officer for purposes of law enforcement (whether on or off duty); or the importation for, or sale or transfer to a licensee under title I of the Atomic Energy Act of 1954 ( 42 U.S.C. 2011 et seq. ) for purposes of establishing and maintaining an on-site physical protection system and security organization required by Federal law, or possession by an employee or contractor of such licensee on-site for such purposes or off-site for purposes of licensee-authorized training or transportation of nuclear materials. For purposes of subparagraph (A), the term campus law enforcement officer means an individual who is— employed by a private institution of higher education that is eligible for funding under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ); responsible for the prevention or investigation of crime involving injury to persons or property, including apprehension or detention of persons for such crimes; authorized by Federal, State, or local law to carry a firearm, execute search warrants, and make arrests; and recognized, commissioned, or certified by a government entity as a law enforcement officer. It shall be unlawful for any person to willfully use a valid Federal or State firearm license to purchase a firearm or ammunition on behalf of another individual, regardless of whether the other individual has a valid Federal or State firearm license. Any person who violates subsection
(a)or
(e)shall be imprisoned not more than 2 years, fined in accordance with this title, or both. The Attorney General shall establish an electronic database, which shall be accessible by Federal, State, local, and Tribal law enforcement agencies and licensed dealers, through which a licensed dealer may verify the validity of a Federal firearm owner's license issued under this section. The Attorney General shall revoke the Federal firearm owner's license issued to an individual under this section upon the occurrence of any event that would have disqualified the individual from being issued or renewed a Federal firearm owner's license under this section or for a violation of a restriction provided under this section. Upon revocation of a Federal firearm owner's license under paragraph (1), the Attorney General shall provide written notice of such revocation to the individual to whom the license was issued. An individual who has the Federal firearm owner's license of the individual revoked under this subsection may appeal the revocation determination to the Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives. Not later than 14 days after the date on which an individual appeals a revocation determination under subparagraph (A), the Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives shall conduct a hearing on the appeal. The Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives shall provide written notice of the determination made after a hearing under subparagraph
(B)regarding the appealed revocation to the individual. If the Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives determines after a hearing under this paragraph to uphold the revocation, the determination may be appealed to an appropriate district court of the United States. The Attorney General shall conduct, not less frequently than annually, a background investigation of each individual to whom a Federal firearm owner's license is issued under this section to ensure that— the individual is not prohibited from possessing a firearm under subsection
(g)or
(n)of section 922 or under State law; and the transfer of a firearm to the individual is not prohibited under section 922(d). Not later than 1 year after the date of enactment of this section, and each year thereafter, the Attorney General shall submit a report to Congress on the implementation of this section and recommendations, if any, for improvements of the system required to be established under this section. There are authorized to be appropriated to the Attorney General such sums as are necessary to carry out this section. . The table of sections for such chapter is amended by adding at the end the following: 935. License to own firearms and ammunition. . The amendments made by subsections
(a)and
(b)shall take effect on the date that is 2 years after the date of enactment of this Act. Not later than 1 year after the date of enactment of this Act, the Attorney General shall promulgate regulations to carry out section 935 of title 18, United States Code, as added by subsection (a), including a regulation requiring that any firearm manufactured after the effective date described in subsection
(c)of this section be legibly and conspicuously engraved or cast with the date on which the firearm was manufactured.
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