S. 2088

103 S2088 IS: Firearm Destruction Licensure Act of 2025
 U.S. Senate
 2025-06-17
 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. 2088  IN THE SENATE OF THE UNITED STATES   June 17, 2025   Mr. Schiff  introduced the following bill; which was read twice and referred to the  Committee on the Judiciary    A BILL
To amend  chapter 44  of title 18, United States Code, to prohibit a person from engaging in the business of destroying firearms unless such person has received a license to do so from the Attorney General, and for other purposes.
1.
Short title
This Act may be cited as the   Firearm Destruction Licensure Act of 2025  .
2.
License required to engage in the business of destroying firearms
(a)
Definitions
Section 921(a) of title 18, United States Code, is amended—
(1)
in paragraph (11)—
(A)
by striking  or (C)  and inserting  (C) ; and
(B)
by inserting  , or (D) any person who is a firearm destroyer  after  pawnbroker ;
(2)
in paragraph (21)—
(A)
by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (G), respectively; and
(B)
by inserting after subparagraph (D) the following:
(E)
as applied to destroying firearms, engaging in a business or occupation that includes receiving a firearm for the purposes of destroying such firearm;
 ; and
(3)
by adding at the end the following:
(39)
The term  firearm destroyer —
(A)
means any person engaged in the business of destroying firearms; and
(B)
does not include a local law enforcement authority, Federal law enforcement agency, or any other entity of a Federal, State, local, or Tribal government.
(40)
The term  covered method of firearm destruction  means a method that renders a firearm and all parts, attachments, accessories, or other components received with such firearm unable to be restored to working condition and otherwise reduced to scrap.
 .
(b)
Unlawful acts
Section 922 of title 18, United States Code, is amended—
(1)
in subsection (a)(1)—
(A)
in subparagraph (A) by striking  ; or  and inserting a semicolon;
(B)
in subparagraph (B) by adding  or  at the end; and
(C)
by adding at the end the following:
(C)
except a licensed dealer to engage in the business of destroying firearms;
 ; and
(2)
in subsection (u) by inserting  destroying,  after  manufacturing, .
(c)
Licensing
Section 923 of title 18, United States Code, is amended—
(1)
in subsection (a) by inserting  destroying,  before  or dealing ;
(2)
in subsection (d)(1)(G)—
(A)
by striking  that secure  and inserting the following:
that—
(i)
secure
 ;
(B)
by striking the period at the end and inserting  ; and ; and
(C)
by adding at the end the following:
(ii)
if the applicant receives a firearm from a local law enforcement authority, Federal law enforcement agency, or any other entity of a Federal, State, local, or Tribal government for the purposes of destroying such firearm, the applicant will destroy such firearm using a covered method of firearm destruction.
 ;
(3)
in subsection (g)—
(A)
in paragraph (1)(A) by inserting  destruction,  after  sale, ; and
(B)
by adding at the end the following:
(8)
(A)
Not later than 1 year after the effective date of the  Firearm Destruction Licensure Act of 2025 , and each year thereafter, each licensed dealer who is a firearm destroyer shall submit a report to the Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives on the number of firearms the licensed dealer destroyed during the previous year, including the number of firearms that the licensed dealer—
(i)
received for the purposes of destroying such firearms;
(ii)
received from a local law enforcement authority, Federal law enforcement agency, or any other entity of a Federal, State, local, or Tribal government and destroyed using a covered method of firearm destruction; and
(iii)
destroyed other than pursuant to clause (ii), including the number of firearms whereby the licensed dealer destroyed the frame, receiver, or other part, attachment, accessory, or other component of a firearm but did not render all parts, attachments, accessories, or other components received with such firearm unable to be restored to working condition and otherwise reduced to scrap.
(B)
The Attorney General, acting through the Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, shall make publicly available—
(i)
each report submitted under subparagraph (A); and
(ii)
an aggregate of the information submitted under subparagraph (A).
 ; and
(4)
by adding at the end the following:
(m)
A licensed dealer who receives a firearm from a local law enforcement authority, Federal law enforcement agency, or any other entity of a Federal, State, local, or Tribal government for the purposes of destroying such firearm shall—
(1)
destroy such firearm using a covered method of firearm destruction, unless the licensed dealer and such entity agree otherwise; and
(2)
make publicly available information regarding any amount the licensed dealer charges a local law enforcement authority, Federal law enforcement agency, or any other entity of a Federal, State, local, or Tribal government to destroy firearms.
 .
(d)
Penalties
Section 924(a)(5) of title 18, United States Code, is amended by striking  subsection (s)  and inserting  subsection (a)(1)(C), (s), .
(e)
Grants for destroying firearms
The Brady Handgun Violence Prevention Act ( Public Law 103–159 ) is amended by adding at the end the following:
107.
Grants for destroying firearms
(a)
Definitions
In this section:
(1)
Covered method of firearm destruction; licensed dealer
The terms  covered method of firearm destruction  and  licensed dealer  have the meanings given such terms in section 921(a) of title 18, United States Code.
(2)
Eligible entity
The term  eligible entity  means a State, local, or Tribal government.
(3)
State
The term  State  means each of the several States, the District of Columbia, and any commonwealth, territory, or possession of the United States.
(b)
In general
Beginning not later than 1 year after the effective date of the  Firearm Destruction Licensure Act of 2025 , the Attorney General, acting through the Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, shall award grants to eligible entities for the purposes of paying a licensed dealer to destroy firearms using a covered method of firearm destruction.
(c)
Authorization of appropriations
There are authorized to be appropriated to carry out this section such sums as may be necessary.
 .
(f)
Applicability; rulemaking
(1)
Definitions
In this subsection, the terms  dealer ,  firearm destroyer , and  licensed dealer  have the meanings given such terms in section 921(a) of title 18, United States Code, as amended by this Act.
(2)
Applicability
(A)
In general
The amendments made by this section shall apply with respect to a dealer who obtains a license under section 923 of title 18, United States Code, prior to the effective date of this section.
(B)
Certification of compliance
Not later than the effective date of this section, a dealer who obtains a license under section 923 of title 18, United States Code, prior to the effective date of this section shall submit to the Attorney General the certification required under section 923(d)(1)(G)(ii) of such title, as amended by this Act.
(C)
Failure to comply
The Attorney General may, after notice and opportunity for hearing, revoke the license of a dealer issued under section 923 of title 18, United States Code, if the holder of such license willfully violates subparagraph (B).
(3)
Rulemaking
Not later than 180 days after the date of enactment of this Act, the Attorney General, acting through the Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, shall issue a final rule to implement this section, including by prescribing—
(A)
acceptable methods of destruction to render a firearm and all parts, attachments, accessories, or other components received with such firearm unable to be restored to working condition and otherwise reduced to scrap; and
(B)
records or documents required to be kept by a licensed dealer who is a firearm destroyer.
(g)
Effective date
The amendments made by this Act shall take effect 180 days after the date of enactment of this Act.