H.R. 7910 — what changed

“(38) The term ghost gun—

“(A) means a firearm, including a frame or receiver, that lacks a unique serial number engraved or cast on the frame or receiver by a licensed manufacturer or importer in accordance with this chapter; and

“(B) does not include—

“(i) a firearm that has been rendered permanently inoperable;

“(ii) a firearm that, not later than 30 months after the date of enactment of this paragraph, has been identified by means of a unique serial number, assigned by a State agency, engraved or cast on the receiver or frame of the firearm in accordance with State law;

“(iii) a firearm manufactured or imported before December 16, 1968; or

“(iv) a firearm identified as provided for under section 5842 of the Internal Revenue Code of 1986.

“(39) The term fire control component—

“(A) means a component necessary for the firearm to initiate or complete the firing sequence; and

“(B) includes a hammer, bolt or breechblock, cylinder, trigger mechanism, firing pin, striker, and slide rails.

“(40)

“(A) The term frame or receiver—

changed “(i) means a part of a weapon that provides or is intended to provide the housing or structure to hold or integrate 1 or more fire control components, even if pins or other attachments are required to connect those components to the housing or structure; andstructure;

“(ii) includes a frame or receiver, blank, casting, or machined body, that requires modification, including machining, drilling, filing or molding, to be used as part of a functional firearm, and which is designed and intended to be used in the assembly of a functional firearm, unless the piece of material has had—

“(I) its size or external shape altered solely to facilitate transportation or storage; or

“(II) solely its chemical composition altered.

“(B) For purposes of subparagraph (A)(i), if a weapon with more than 1 part that provides the housing or a structure designed to hold or integrate 1 or more fire control or essential components, each such part shall be considered a frame or receiver, unless the Attorney General has provided otherwise by regulation or other formal determination with respect to the specific make and model of weapon on or before January 1, 2023.”

“(aa)

“(1)

“(A) Except as provided in subparagraph (B), it shall be unlawful for any person to manufacture, sell, offer to sell, transfer, purchase, or receive a ghost gun in or affecting interstate or foreign commerce.

“(B) Subparagraph (A) shall not apply to—

“(i) the manufacture of a firearm by a licensed manufacturer if the licensed manufacturer complies with section 923(i) before selling or transferring the firearm to another person;

“(ii) the offer to sell, sale, or transfer of a firearm to, or purchase or receipt of a firearm by, a licensed manufacturer or importer before the date that is 30 months after the date of enactment of this subsection; or

“(iii) transactions between licensed manufacturers and importers on any date.

“(2) It shall be unlawful for a person other than a licensed manufacturer or importer to engrave or cast a serial number on a firearm in or affecting interstate or foreign commerce unless specifically authorized by the Attorney General.

“(3) Beginning on the date that is 30 months after the date of enactment of this subsection, it shall be unlawful for any person other than a licensed manufacturer or importer to knowingly possess a ghost gun in or affecting interstate or foreign commerce.

“(4) Beginning on the date that is 30 months after the date of enactment of this subsection, it shall be unlawful for any person other than a licensed manufacturer or importer to possess a ghost gun in or affecting interstate or foreign commerce with the intent to sell or transfer the ghost gun with or without further manufacturing or to manufacture a firearm with the ghost gun.

“(5)

“(A) It shall be unlawful for any person to sell, offer to sell, or transfer, in or affecting interstate or foreign commerce, to any person other than a licensed manufacturer a machine that has the sole or primary function of manufacturing firearms.

“(B) Except as provided in subparagraph (A), beginning on the date that is 180 days after the date of enactment of this subsection, it shall be unlawful for any person other than a licensed manufacturer to possess, purchase, or receive, in or affecting interstate or foreign commerce, a machine that has the sole or primary function of manufacturing firearms.

“(C) Subparagraph (B) shall not apply to a person who is engaged in the business of selling manufacturing equipment to a licensed manufacturer who possesses a machine with the intent to sell or transfer the machine to a licensed manufacturer.”

“(2)

“(A) Not later than 180 days after the date of enactment of this paragraph, the Attorney General shall prescribe regulations for engraving a unique serial number onto a ghost gun.

“(B) The regulations prescribed under subparagraph (A) shall—

“(i) allow an owner of a firearm described in subparagraph (A) to have a unique serial number engraved on the firearm by a licensed manufacturer or importer; and

“(ii) require that a serial number be engraved on the frame or receiver in a manner sufficient to identify the firearm and the licensed manufacturer or importer that put the serial number on the firearm.

“(C) The regulations authorized under this paragraph shall expire on the date that is 30 months after the date of enactment of this paragraph.”

“(q) A person who violates section 922(aa)(3) shall—

“(1) in the case of the first violation by the person, be fined under this title, imprisoned not more than 1 year, or both; or

“(2) in the case of any subsequent violation by the person, be fined under this title, imprisoned not more than 5 years, or both.”

“(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.

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

“(I) keeps the firearm—

“(aa) secure using a secure gun storage or safety device; or

“(bb) in a location which a reasonable person would believe to be secure; or

“(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 person carried the firearm on his or her person.

“(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.”

“PP Firearm Safe Storage Program

changed “3051. “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.”

“(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.”

changed “3052. “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.”

“45U. Safe firearm storage credit

“(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.

“(b) Limitation

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

“(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.

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

“(1) In general—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) Exclusion—The term safe firearm storage device does not include—

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

“(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.

“(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).

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

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

“(n) Bump stock—The term bump stock means any of the following:

“(1) Any manual, power-driven, or electronic device that is designed such that when the device is attached to a semiautomatic weapon, the device eliminates the need for the operator of a semiautomatic weapon to make a separate movement for each individual function of the trigger and—

“(A) materially increases the rate of fire of the semiautomatic weapon, or

“(B) approximates the action or rate of fire of a machinegun.

“(2) Any part or combination of parts that is designed and functions to eliminate the need for the operator of a semiautomatic weapon to make a separate movement for each individual function of the trigger and—

“(A) materially increases the rate of fire of a semiautomatic weapon, or

“(B) approximates the action or rate of fire of a machinegun.

“(3) Any semiautomatic weapon that has been modified in any way that eliminates the need for the operator of the semiautomatic weapon to make a separate movement for each individual function of the trigger and—

“(A) materially increases the rate of fire of the semiautomatic weapon, or

“(B) approximates the action or rate of fire of a machinegun.

“(o) Semiautomatic weapon—The term semiautomatic weapon means any repeating weapon that—

“(1) utilizes a portion of the energy of a firing cartridge or shell to extract the fired cartridge case or shell casing and chamber the next round, and

“(2) requires a separate function of the trigger to fire each cartridge or shell.”

“(41) The term bump stock has the meaning given such term in section 5845(n) of the National Firearms Act (26 U.S.C. 5845(n)).”

“(v)

“(1) It shall be unlawful for a person to import, sell, manufacture, transfer, or possess, in or affecting interstate or foreign commerce, a large capacity ammunition feeding device.

“(2) Paragraph (1) shall not apply to the possession of any large capacity ammunition feeding device otherwise lawfully possessed on or before the date of enactment of this subsection.

“(3) Paragraph (1) shall not apply to—

“(A) 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);

“(B) 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;

“(C) the possession, by an individual who is retired in good standing from service with a law enforcement agency and is not otherwise prohibited from receiving ammunition, of a large capacity ammunition feeding device—

“(i) sold or transferred to the individual by the agency upon such retirement; or

“(ii) that the individual purchased, or otherwise obtained, for official use before such retirement; or

“(D) the importation, sale, manufacture, transfer, or possession of any large capacity ammunition feeding device by a licensed manufacturer or licensed importer for the purposes of testing or experimentation authorized by the Attorney General.

“(4) For purposes of paragraph (3)(A), the term campus law enforcement officer means an individual who is—

“(A) 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.);

“(B) responsible for the prevention or investigation of crime involving injury to persons or property, including apprehension or detention of persons for such crimes;

“(C) authorized by Federal, State, or local law to carry a firearm, execute search warrants, and make arrests; and

“(D) recognized, commissioned, or certified by a government entity as a law enforcement officer.”

added “(B) A large capacity ammunition feeding device manufactured after the date of enactment of this subparagraph shall be identified by a serial number and the date on which the device was manufactured or made, legibly and conspicuously engraved or cast on the device, and such other identification as the Attorney General shall by regulations prescribe.”

changed Section 924(a)(1)(B) of title 18, United States Code, as amended by this Act, is further amended by striking “or (q)” and inserting “(q), or (v)”.“(v),” after “(q),”.