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Title II — Consumer Product Safety Commission safety standard

H.R. 2005 · 113th Congress · May 15, 2013 · Lineage

II Consumer Product Safety Commission safety standard

Sec. 201 Consumer product safety standard

(a)
Establishment of standard— Notwithstanding section 3(a)(5)(E) of the Consumer Product Safety Act (15 U.S.C. 2052(a)(5)(E)), the Consumer Product Safety Commission, in consultation with the Attorney General and the Director of the National Institute of Justice, shall promulgate a consumer product safety standard under section 7(a) of such Act (15 U.S.C. 2056(a)) for handguns.
(b)
Standard Requirements— The standard established under subsection (a) shall require that—
(1)
effective 2 years after the date of the enactment of this Act, handguns manufactured in the United States must be personalized handguns; and
(2)
effective 3 years after the date of the enactment of this Act, handguns sold, offered for sale, traded, transferred, shipped, leased, or distributed in the United States must be—
(A)
personalized handguns, if manufactured on or after the effective date in paragraph (1); or
(B)
retrofitted personalized handguns, if manufactured before the effective date in paragraph (1).
(c)
Exemptions—
(1)
Antique firearms— The standard established under subsection (a) shall not require retrofitting or personalization of antique firearms.
(2)
Military firearms— The standard established under subsection (a) shall not apply to a firearm that is owned by the Department of Defense.
(d)
Cost of retrofitting—
(1)
In general— Except as provided in paragraph (2), the cost of retrofitting a handgun as required under subsection (b) shall be borne by the manufacturer of the handgun if the manufacturer is operational at the time the retrofit is required.
(2)
Reimbursement— Section 524(c) of title 28, United States Code, is amended—
(A)
in subparagraph (H), by striking “; and” and inserting a semicolon;
(B)
in subparagraph (I), by striking the period at the end and inserting “; and”; and
(C)
by inserting after subparagraph (I) the following:

“(J) payments to reimburse manufacturers of handguns for the costs of retrofitting handguns as required by section 201(b)(2)(B) of the Personalized Handgun Safety Act.”

(e)
Availability of an action on behalf of a State— If an attorney general of a State, or an official or agency of a State, has reason to believe that an interest of the residents of such State has been or is threatened or adversely affected by any person who violates this title, the attorney general, official, or agency may bring a civil action on behalf of the residents of such State against a seller or manufacturer of handguns in an appropriate district court of the United States to enjoin further violations of this title and for other relief as may be appropriate.

Sec. 202 Definitions

In this title:
(1)
Authorized user— The term “authorized user”, with respect to a firearm, means the lawful owner of the firearm and any individual authorized by the owner to use the firearm who is allowed to own, carry, or use a firearm in the State where the firearm is being used.
(2)
Handgun and antique firearm— The terms handgun and antique firearm have the meanings given such terms in section 921 of title 18, United States Code.
(3)
Personalized handgun— The term personalized handgun means a handgun that—
(A)
enables only an authorized user of a handgun to fire the handgun; and
(B)
was manufactured in such a manner that the firing restriction described in subparagraph (A)—
(i)
is incorporated into the design of the handgun; and
(ii)
cannot be readily removed or deactivated.
(4)
Retrofitted personalized handgun— The term retrofitted personalized handgun means a handgun fitted with a device that—
(A)
enables only an authorized user of a handgun to fire the handgun; and
(B)
attaches to the handgun in a manner such that the device cannot be readily removed or deactivated.