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Title II — Consumer Product Safety Commission safety standard

S. 2068 · 113th Congress · Feb 27, 2014 · Lineage

II Consumer Product Safety Commission safety standard

Sec. 201 Definitions

In this title:
(1)
Antique firearm; firearm; handgun— The terms antique firearm, firearm, and handgun have the meaning given those terms in section 921 of title 18, United States Code.
(2)
Authorized user— The term authorized user, with respect to a firearm, means—
(A)
the lawful owner of the firearm; and
(B)
any individual who is—
(i)
authorized by the lawful owner of the firearm to use the firearm; and
(ii)
authorized, under the law of the State where the firearm is being used, to own, carry, or use a firearm in the State.
(3)
Commission— The term Commission means the Consumer Product Safety Commission
(4)
Consumer product safety rule— The term consumer product safety rule has the meaning given such term in section 3(a) of the Consumer Product Safety Act (15 U.S.C. 2052(a)).
(5)
Manufactured and manufacturer— The terms manufactured and manufacturer have the meaning given such terms in section 3(a) of the Consumer Product Safety Act (15 U.S.C. 2052(a)).
(6)
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)
is 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.
(7)
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.
(8)
State and United States— The terms State and United States have the meaning given such terms in section 3(a) of the Consumer Product Safety Act (15 U.S.C. 2052(a)).
(9)
To distribute in commerce and distribution in commerce— The terms to distribute in commerce and distribution in commerce have the meaning given such terms in section 3(a) of the Consumer Product Safety Act (15 U.S.C. 2052(a)).

Sec. 202 Prohibition on manufacturing and distribution of handguns that are not personalized handguns

(a)
Prohibition—
(1)
Manufacturing— Beginning on the date that is 2 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.
(2)
Distribution in commerce— Beginning on the date that is 3 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.
(3)
Exemptions for antique firearms and military firearms— Paragraphs (1) and (2) shall not apply to—
(A)
an antique firearm;
(B)
the manufacture of a firearm that is sold to the Department of Defense; or
(C)
the sale or distribution of a firearm to the Department of Defense.
(b)
Enforcement by Consumer Product Safety Commission—
(1)
Treatment of violation— 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)).
(2)
Treatment as consumer product safety standards— 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.
(3)
Powers of Commission—
(A)
In general— 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.
(B)
Privileges and immunities— 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.).
(4)
Regulations— 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.
(c)
Enforcement by States— If an attorney general, other official, or agency 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 a person who violates subsection (a), the attorney general, official, or agency may bring a civil action on behalf of the residents of the State against the person in an appropriate district court of the United States to enjoin any further such violation and for other relief as may be appropriate.
(d)
Cost of retrofitting—
(1)
Cost borne by manufacturers— 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—
(A)
shall—
(i)
retrofit the handgun so that the handgun is a retrofitted personalized handgun; and
(ii)
return the handgun to the owner within a reasonable period of time; and
(B)
may not request compensation for the retrofit from the owner.
(2)
Rulemaking— 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.
(3)
Reimbursement from Department of Justice Assets Forfeiture Fund— Section 524(c) of title 28, United States Code, is amended—
(A)
in subparagraph (H), by striking “and” at the end;
(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 to comply with the requirement under section 202(d)(1) of the Handgun Trigger Safety Act of 2014.”

(e)
Relation to State law— Nothing in this section or the Consumer Product Safety Act (15 U.S.C. 2051 et seq.) shall be construed to preempt or otherwise affect any State requirement with respect to any handgun not specifically regulated in a consumer product safety standard under the Consumer Product Safety Act.