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Title I — Licensing

H.R. 34 · 113th Congress · Jan 3, 2013 · Lineage

I Licensing

Sec. 101 Licensing requirement

Section 922 of title 18, United States Code, is amended by adding at the end the following:

“(aa) Firearm Licensing Requirement

“(1) In general—It shall be unlawful for any person other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to possess a qualifying firearm on or after the applicable date, unless that person has been issued a firearm license—

“(A) under title I of Blair Holt's Firearm Licensing and Record of Sale Act of 2013, which license has not been invalidated or revoked under that title; or

“(B) pursuant to a State firearm licensing and record of sale system certified under section 602 of Blair Holt's Firearm Licensing and Record of Sale Act of 2013, which license has not been invalidated or revoked under State law.

“(2) Applicable date—In this subsection, the term applicable date means—

“(A) with respect to a qualifying firearm that is acquired by the person before the date of the enactment of Blair Holt's Firearm Licensing and Record of Sale Act of 2013, 2 years after such date of enactment; and

“(B) with respect to a qualifying firearm that is acquired by the person on or after the date of the enactment of Blair Holt's Firearm Licensing and Record of Sale Act of 2013, 1 year after such date of enactment.”

Sec. 102 Application requirements

(a)
In General— In order to be issued a firearm license under this title, an individual shall submit to the Attorney General (in accordance with the regulations promulgated under subsection (b)) an application, which shall include—
(1)
a current, passport-sized photograph of the applicant that provides a clear, accurate likeness of the applicant;
(2)
the name, address, and date and place of birth of the applicant;
(3)
any other name that the applicant has ever used or by which the applicant has ever been known;
(4)
a clear thumb print of the applicant, which shall be made when, and in the presence of the entity to whom, the application is submitted;
(5)
with respect to each category of person prohibited by Federal law, or by the law of the State of residence of the applicant, from obtaining a firearm, a statement that the individual is not a person prohibited from obtaining a firearm;
(6)
a certification by the applicant that the applicant will keep any firearm owned by the applicant safely stored and out of the possession of persons who have not attained 18 years of age;
(7)
a certificate attesting to the completion at the time of application of a written firearms examination, which shall test the knowledge and ability of the applicant regarding—
(A)
the safe storage of firearms, particularly in the vicinity of persons who have not attained 18 years of age;
(B)
the safe handling of firearms;
(C)
the use of firearms in the home and the risks associated with such use;
(D)
the legal responsibilities of firearms owners, including Federal, State, and local laws relating to requirements for the possession and storage of firearms, and relating to reporting requirements with respect to firearms; and
(E)
any other subjects, as the Attorney General determines to be appropriate;
(8)
an authorization by the applicant to release to the Attorney General or an authorized representative of the Attorney General any mental health records pertaining to the applicant;
(9)
the date on which the application was submitted; and
(10)
the signature of the applicant.
(b)
Regulations Governing Submission— The Attorney General shall promulgate regulations specifying procedures for the submission of applications to the Attorney General under this section, which regulations shall—
(1)
provide for submission of the application through a licensed dealer or an office or agency of the Federal Government designated by the Attorney General;
(2)
require the applicant to provide a valid identification document (as defined in section 1028(d)(2) of title 18, United States Code) of the applicant, containing a photograph of the applicant, to the licensed dealer or to the office or agency of the Federal Government, as applicable, at the time of submission of the application to that dealer, office, or agency; and
(3)
require that a completed application be forwarded to the Attorney General not later than 48 hours after the application is submitted to the licensed dealer or office or agency of the Federal Government, as applicable.
(c)
Fees—
(1)
In general— The Attorney General shall charge and collect from each applicant for a license under this title a fee in an amount determined in accordance with paragraph (2).
(2)
Fee amount— The amount of the fee collected under this subsection shall be not less than the amount determined by the Attorney General to be necessary to ensure that the total amount of all fees collected under this subsection during a fiscal year is sufficient to cover the costs of carrying out this title during that fiscal year, except that such amount shall not exceed $25.

Sec. 103 Issuance of license

(a)
In General— The Attorney General shall issue a firearm license to an applicant who has submitted an application that meets the requirements of section 102 of this Act, if the Attorney General ascertains that the individual is not prohibited by subsection (g) or (n) of section 922 of title 18, United States Code, from receiving a firearm.
(b)
Effect of Issuance to Prohibited Person— A firearm license issued under this section shall be null and void if issued to a person who is prohibited by subsection (g) or (n) of section 922 of title 18, United States Code, from receiving a firearm.
(c)
Form of License— A firearm license issued under this section shall be in the form of a tamper-resistant card, and shall include—
(1)
the photograph of the licensed individual submitted with the application;
(2)
the address of the licensed individual;
(3)
the date of birth of the licensed individual;
(4)
a license number, unique to each licensed individual;
(5)
the expiration date of the license, which shall be the date that is 5 years after the initial anniversary of the date of birth of the licensed individual following the date on which the license is issued (or in the case of a license renewal, following the date on which the license is renewed under section 104);
(6)
the signature of the licensed individual provided on the application, or a facsimile of the application; and
(7)
centered at the top of the license, capitalized, and in boldface type, the following:

Sec. 104 Renewal of license

(a)
Application for Renewal—
(1)
In general— In order to renew a firearm license issued under this title, not later than 30 days before the expiration date of the license, the licensed individual shall submit to the Attorney General (in accordance with the regulations promulgated under paragraph (3)), in a form approved by the Attorney General, an application for renewal of the license.
(2)
Contents— An application submitted under paragraph (1) shall include—
(A)
a current, passport-sized photograph of the applicant that provides a clear, accurate likeness of the applicant;
(B)
current proof of identity of the licensed individual; and
(C)
the address of the licensed individual.
(3)
Regulations governing submission— The Attorney General shall promulgate regulations specifying procedures for the submission of applications under this subsection.
(b)
Issuance of Renewed License— Upon approval of an application submitted under subsection (a) of this section, the Attorney General shall issue a renewed license, which shall meet the requirements of section 103(c), except that the license shall include the current photograph and address of the licensed individual, as provided in the application submitted under this section, and the expiration date of the renewed license, as provided in section 103(c)(5).

Sec. 105 Revocation of license

(a)
In General— If an individual to whom a license has been issued under this title subsequently becomes a person who is prohibited by subsection (g) or (n) of section 922 of title 18, United States Code, from receiving a firearm—
(1)
the license is revoked; and
(2)
the individual shall promptly return the license to the Attorney General.
(b)
Administrative Action— Upon receipt by the Attorney General of notice that an individual to whom a license has been issued under this title has become a person described in subsection (a), the Attorney General shall ensure that the individual promptly returns the license to the Attorney General.