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Bill
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H.R. 7910 — what changed

Protecting Our Kids Act

From Reported in House to Engrossed in House. 3 sections amended between Reported in House and Engrossed in House.

Sec. 401 Ethan’s Law

(a)
Secure gun storage or safety device— Section 922(z) of title 18, United States Code, is amended by adding at the end the following:

“(4) Secure gun storage by owners

“(A) Offense

“(i) In general—Except as provided in clause (ii), it shall be unlawful for a person to store or keep any firearm that has moved in, or that has otherwise affected, interstate or foreign commerce on the premises of a residence under the control of the person if the person knows, or reasonably should know, that—

“(I) a minor is likely to gain access to the firearm without the permission of the parent or guardian of the minor; or

“(II) a resident of the residence is ineligible to possess a firearm under Federal, State, or local law.

changed “(ii) Exception—Clause (i) shall not apply to a person if the person—if—

changed “(I) keeps the firearm—person—

changed “(aa) secure using a secure gun storage or safety device; orkeeps the firearm—

changed “(bb) in a location which “(AA) secure using a reasonable person would believe to be secure; secure gun storage or safety device; or

changed “(II) carries the firearm on his or her person or within such close proximity thereto that the person can readily retrieve and use the firearm as if the “(BB) in a location which a reasonable person carried the firearm on his or her person.would believe to be secure; or

added “(bb) carries the firearm on his or her person or within such close proximity thereto that the person can retrieve and use the firearm as readily as if the person carried the firearm on his or her person; or

added “(II) another individual unlawfully enters the premises under the control of the person and thereby gains access to the firearm.

“(B) Penalty

“(i) In general—Except as otherwise provided in this subparagraph, any person who violates subparagraph (A) shall be fined $500 per violation.

“(ii) Forfeiture of improperly stored firearm—Any firearm stored in violation of subparagraph (A) shall be subject to seizure and forfeiture in accordance with the procedures described in section 924(d).

“(C) Minor defined—In this paragraph, the term minor means an individual who has not attained 18 years of age.”

(b)
Firearm Safe Storage Program— Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10101 et seq.) is amended by adding at the end the following:

“PP Firearm Safe Storage Program

“3061. Firearm Safe Storage Program

“(a) In general—The Assistant Attorney General shall make grants to an eligible State or Indian Tribe to assist the State or Indian Tribe in carrying out the provisions of any State or Tribal law that is functionally identical to section 922(z)(4) of title 18, United States Code.

“(b) Eligible State or Indian Tribe

“(1) In general—Except as provided in paragraph (2), a State or Indian Tribe shall be eligible to receive grants under this section on and after the date on which the State or Indian Tribe enacts legislation functionally identical to section 922(z)(4) of title 18, United States Code.

“(2) First year eligibility exception

“(A) In general—A covered State or Indian Tribe shall be eligible to receive a grant under this section during the 1-year period beginning on the date of enactment of this part.

“(B) Covered State or Indian Tribe—In this paragraph, the term covered State or Indian Tribe means a State or Indian Tribe that, before the date of enactment of this part, enacted legislation that is functionally identical to section 922(z)(4) of title 18, United States Code.

“(c) Use of funds—Funds awarded under this section may be used by a State or Indian Tribe to assist law enforcement agencies or the courts of the State or Indian Tribe in enforcing and otherwise facilitating compliance with any State law functionally identical to section 922(z)(4), of title 18, United States Code.

“(d) Application—An eligible State or Indian Tribe desiring a grant under this section shall submit to the Assistant Attorney General an application at such time, in such manner, and containing or accompanied by such information, as the Assistant Attorney General may reasonably require.

“(e) Incentives—For each of fiscal years 2023 through 2027, the Attorney General shall give affirmative preference to all Bureau of Justice Assistance discretionary grant applications of a State or Indian Tribe that has enacted legislation functionally identical to section 922(z)(4) of title 18, United States Code.”

Sec. 403 Kimberly Vaughan Firearm Safe Storage

(a)
Best practices for safe firearm storage—
(1)
Establishment—
(A)
In general—
(i)
Not later than 180 days after the enactment of this Act, the Attorney General shall establish voluntary best practices relating to safe firearm storage solely for the purpose of public education.
(ii)
The Attorney General shall give not less than ninety days public notice, and shall afford interested parties opportunity for hearing, before establishing such best practices.
(B)
Requirements— In establishing the best practices required under subparagraph (A), the Attorney General shall outline such best practices for preventing firearm loss, theft, and other unauthorized access for the following locations:
(i)
Businesses.
(ii)
Vehicles.
(iii)
Private homes.
(iv)
Off-site storage facilities.
(v)
Any other such place the Attorney General deems appropriate to provide such guidance.
(C)
Publication— Not later than 1 year after the enactment of this Act, the Attorney General shall publish, in print and on a public website, the best practices created pursuant to subparagraph (A) and shall review such best practices and update them not less than annually.
(b)
Promotion of safe firearm storage—
(1)
In general— Section 923 of title 18, United States Code, is amended by adding at the end the following:

“(m) Beginning on January 1, 2025, licensed manufacturers and licensed importers that serialize not less than 250 firearms annually pursuant to subsection (i) shall provide a clear and conspicuous written notice with each manufactured or imported handgun, rifle, or shotgun that—

“(1) is attached or adhered to, or appears on or within any packaging of, each handgun, rifle, or shotgun; and

“(2) states “SAFE STORAGE SAVES LIVES” followed by the address of the public website established by the Attorney General pursuant to section 403(a) of the Protecting Our Kids Act.”

(c)
Safe storage devices for all firearm sales—
(1)
In general— Section 922(z) of title 18, United States Code, is amended by striking “handgun” each place it appears and inserting “handgun, rifle, or shotgun”.
(2)
Effective date— This section and the amendments made by this section shall take effect on the date that is 180 days after the enactment of this Act.
(d)
Kimberly Vaughan safe firearm storage grant program— Part PP of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10101 et seq.), as added by this Act, is amended by adding at the end the following:

“3062. Kimberly Vaughan Firearm Safe Storage Grant Program

“(a) Authorization—The Attorney General may award grants to States and Indian Tribes for the development, implementation, and evaluation of Safe Firearm Storage Assistance Programs.

“(b) Application requirements—Each applicant for a grant under this section shall—

“(1) submit to the Attorney General an application at such time, in such a manner, and containing such information as the Attorney General may require; and

“(2) to the extent practicable, identify State, local, Tribal, and private funds available to supplement the funds received under this section.

“(c) Reporting requirement

“(1) Grantee report—A recipient of a grant under this section shall submit to the Attorney General an annual report, which includes the following information:

“(A) The amount distributed to each Safe Firearm Storage Assistance Program in the jurisdiction.

“(B) The number of safe firearm storage devices distributed by each such Safe Firearm Storage Assistance Program.

“(2) Attorney General report—Beginning 13 months after the first grants are awarded under this section, and annually thereafter, the Attorney General shall submit to Congress a report, which shall include following information:

“(A) A list of grant recipients during the previous year, including the funds awarded, cumulatively and disaggregated by grantee.

“(B) The information collected pursuant to subsection (d)(1).

“(d) Authorization of appropriations—There is authorized to be appropriated to the Attorney General to carry out this section $10,000,000 for each of fiscal years 2023 through 2033, to remain available until expended.

“(e) Use of funds—Funds awarded under this section shall be allocated as follows:

“(1) Not less than 75 percent of the funds received by a grantee shall be used to create or to provide resources for Safe Firearm Storage Assistance Programs in the jurisdiction.

“(2) Not more than 25 percent of the funds received by a grantee may be made available to nonprofit organizations to partner with units of local government to purchase and distribute safe firearm storage devices.

“(f) Definitions—For purposes of this section:

“(1) The term safe firearm storage device means a device that is—

“(A) designed and marketed for the principal purpose of denying unauthorized access to, or rendering inoperable, a firearm or ammunition; and

“(B) secured by a combination lock, key lock, or lock based on biometric information which, once locked, is incapable of being opened without the combination, key, or biometric information, respectively.

“(2) The term Safe Firearm Storage Assistance Program means a program—

“(A) carried out by a unit of local government or an Indian tribe; and

“(B) solely for the purpose of acquiring and distributing safe firearm storage devices to the public.”

(e)
removed Prevent family fire safe firearm storage credit—
(1)
removed In general— Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section:

removed “45U. Safe firearm storage credit

removed “(a) Allowance of credit—For purposes of section 38, the safe firearm storage credit determined under this section for the taxable year is an amount equal to 10 percent of amounts received from the first retail sale of a safe firearm storage device for use within the United States.

removed “(b) Limitation

removed “(1) In general—The amount taken into account under subsection (a) with respect to a safe firearm storage device shall not exceed $400.

removed “(2) Value—If, in connection with a sale of a safe firearm storage device, the transferee receives other property, the amount taken into account under subsection (a) shall be limited to the amount received solely with respect to the safe firearm storage device, which shall be determined based on the value of the safe firearm storage device relative to the value of such other property.

removed “(c) Safe firearm storage device—For purposes of this section—

removed “(1) In general—The term safe firearm storage device means a device that is—

removed “(A) designed and marketed for the principal purpose of denying unauthorized access to, or rendering inoperable, a firearm or ammunition, and

removed “(B) secured by a combination lock, key lock, or lock based on biometric information which, once locked, is incapable of being opened without the combination, key, or biometric information, respectively.

removed “(2) Exclusion—The term safe firearm storage device does not include—

removed “(A) any device which is incorporated to any extent into the design of a firearm or of ammunition, or

removed “(B) any device that, as of the day of the sale described in subsection (a), has been subject to a mandatory recall by the Consumer Product Safety Commission.

removed “(3) Firearm; ammunition—The terms firearm and ammunition have the meanings given such terms in section 921 of title 18, United States Code (without regard to all that follows “firearm silencer, or bump stock” in paragraph (3) of such section).

removed “(d) Termination—This section shall not apply to sales after December 31, 2030.”

(2)
removed Credit made part of general business— Subsection (b) of section 38 of the Internal Revenue Code of 1986 is amended by striking “plus” at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting “, plus”, and by adding at the end the following new paragraph:

removed “(34) the safe firearm storage credit determined under section 45U.”

(3)
removed Clerical amendment— The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item:
(4)
removed Report— The Secretary of the Treasury shall make publicly available an annual report of the total amount of credit against tax determined under section 45U of such Code for taxable years ending in the preceding calendar year, disaggregated by State.
(5)
removed Effective date— The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Sec. 601 Definitions

Section 921(a) of title 18, United States Code, as amended by this Act, is further amended by adding at the end the following:

“(42) The term large capacity ammunition feeding device—

changed “(A) means a magazine, belt, drum, feed strip, helical feeding device, or similar device, including any such device joined or coupled with another in any manner, that has an overall capacity of, or that can be readily restored, changed, or converted to accept, more than 10 15 rounds of ammunition; and

“(B) does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition.

“(43) The term qualified law enforcement officer has the meaning given the term in section 926B.”