S. 123

119 S123 IS: Handgun Permit to Purchase Act
 U.S. Senate
 2025-01-16
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 II  119th CONGRESS  1st Session  S. 123  IN THE SENATE OF THE UNITED STATES   January 16, 2025   Mr. Van Hollen  (for himself,  Mr. Murphy , and  Mr. Blumenthal ) introduced the following bill; which was read twice and referred to the  Committee on the Judiciary    A BILL
To authorize for a grant program for handgun licensing programs, and for other purposes.
1.
Short title
This Act may be cited as the   Handgun Permit to Purchase Act  .
2.
Findings
Congress finds as follows:
(1)
in 2023, gun violence claimed 46,728 lives, marking the third-highest number of gun-related deaths ever recorded in the United States in a single year.
(2)
Between 2018 and 2022, approximately 90 percent of the firearm violence committed in the United States for which a firearm type was specified involved a handgun.
(3)
During the 5-year period described in paragraph (2), 35,959 people in the United States were killed with a handgun.
(4)
Research by top national experts shows that—
(A)
the adoption of handgun purchaser licensing laws is associated with significant reductions in firearm-related homicides; and
(B)
the repeal of handgun purchaser licensing laws is associated with significant increases in firearm-related homicides.
(5)
Research on the effects of the adoption of a handgun purchaser licensing law in Connecticut in 1995 showed—
(A)
a 27.8-percent reduction in the rate of firearm homicide; and
(B)
a 32.8-percent reduction in firearm suicide rates.
(6)
Published research has shown that the repeal of a handgun purchaser licensing law in Missouri in 2007 was associated with—
(A)
a 47.3-percent increase in the rate of firearm homicide; and
(B)
a 23.5-percent increase in firearm suicide rates.
(7)
Research on the impact of the adoption of a handgun purchaser licensing law in Maryland in 2013 found—
(A)
that the adoption was associated with an 82-percent reduction in the Baltimore Police Department’s recovery of handguns with key indications of diversion for criminal use; and
(B)
that 41 percent of prohibited purchasers surveyed in Baltimore reported greater difficulty in obtaining a handgun.
(8)
Research on the effects of firearm purchaser licensing laws throughout 3 decades found that—
(A)
in urban counties between 1984 and 2015, firearm purchaser licensing laws were associated with an 11 percent reduction in firearm homicides; and
(B)
between 1984 and 2017, States with strong firearm purchaser licensing laws were associated with 56 percent lower rates of fatal mass shooting incidents and 67 percent fewer mass shooting victims.
(9)
In States that have had effective handgun purchaser licensing laws for decades, such as Connecticut, Massachusetts, New Jersey, and New York, the vast majority of firearms traced to crimes originated in States that do not have handgun purchaser licensing laws, which supports the need for handgun purchaser licensing laws in every State.
(10)
Research has shown that States with handgun purchaser licensing laws export far fewer firearms for criminal use in other States than States that lack handgun purchaser licensing laws.
(11)
On January 13, 2025, the Supreme Court of the United States declined to hear a challenge to Maryland’s handgun licensing law, allowing the ruling of the United States Court of Appeals for the Fourth Circuit, which upheld the constitutionality of the law, to stand.
3.
Grant program authorized for handgun licensing
(a)
In general
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
Handgun licensing grant program
3061.
Definition
In this part, the term  handgun  has the meaning given the term in section 921(a) of title 18, United States Code.
3062.
Grant program
(a)
In general
The Attorney General may award grants to States, units of local government, and Indian tribes for the development, implementation, and evaluation of handgun purchaser licensing requirements.
(b)
Program authorized
From the amounts appropriated to carry out this part, and not later than 90 days after such amounts are appropriated, the Attorney General shall award grants, on a competitive basis, to eligible applicants whose applications are approved under subsection (c) to assist such applicants in implementing and improving handgun purchaser licensing programs.
(c)
Application
To be eligible to receive a grant under this part, a State, unit of local government, or Indian tribe shall submit to the Attorney General an application at such time, in such manner, and containing such information as the Attorney General may require, including—
(1)
a description of the law that the applicant has enacted to require a license for any purchase of a handgun, including a description of any exemptions to such law; and
(2)
a description of how the applicant will use the grant to carry out or improve its handgun purchaser licensing program.
(d)
Eligibility requirements
To be eligible for a grant under this part, an applicant shall have in effect a handgun purchaser licensing law that includes the following requirements:
(1)
With respect to an individual applying for a handgun license or permit—
(A)
the individual shall be—
(i)
not less than 21 years old; and
(ii)
a citizen or national of the United States or an alien lawfully admitted for permanent residence (as those terms are defined in section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) ));
(B)
the individual shall apply for the handgun purchaser license or permit at a law enforcement agency in the State in which the individual resides;
(C)
the individual shall reapply for the handgun purchaser license or permit after a period not longer than 5 years; and
(D)
the individual shall, in connection with the application for the handgun purchaser license or permit—
(i)
submit to a background investigation and a criminal history check, as established by the State, which shall ensure, at a minimum, that the individual is not prohibited from possessing a firearm under section 922(g) of title 18, United States Code; and
(ii)
submit fingerprints and photographs.
(2)
An individual who is prohibited from possessing a firearm under section 922(g) of title 18, United States Code, may not be issued a handgun purchasing license or permit.
(e)
Use of funds
Grant funds awarded under this part shall be used to improve the handgun purchaser licensing program of the grant recipient.
  .
(b)
Authorization of appropriations
Section 1001(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10261(a) ) is amended by adding at the end the following:
(29)
There are authorized to be appropriated such sums as may be necessary to carry out part PP.
 .