119-hr1564

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1564 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 1564

 To amend chapter 44 of title 18, United States Code, to require the 
 safe storage of firearms, and for other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 February 25, 2025

Ms. DeLauro (for herself, Mr. Larson of Connecticut, Mr. Courtney, Mr. 
 Himes, Mrs. Hayes, Ms. Norton, Mr. Cleaver, Mrs. Cherfilus-McCormick, 
Ms. Pingree, Mr. Johnson of Georgia, Ms. Castor of Florida, Mr. Lynch, 
 Ms. Moore of Wisconsin, Mr. Casten, Ms. Tlaib, Ms. Schakowsky, Mr. 
 McGarvey, Mrs. Trahan, Mr. Jackson of Illinois, Mr. Connolly, Mrs. 
McIver, Mr. Auchincloss, Mr. Pocan, Mr. Neal, Mr. Frost, Ms. Garcia of 
 Texas, Mr. Goldman of New York, Mr. Castro of Texas, Mr. Mullin, Ms. 
Brownley, Mr. Subramanyam, Mr. Beyer, Mr. Gomez, Mr. Costa, Ms. Tokuda, 
 Mr. Magaziner, Mr. Ruiz, Mrs. Torres of California, Ms. Sewell, Mr. 
 Fields, Mrs. Ramirez, Ms. Bonamici, Ms. Clarke of New York, Ms. 
McBride, Ms. Sherrill, Ms. McCollum, Ms. Velazquez, Mr. Moskowitz, Mr. 
Crow, Mr. Landsman, Mr. Min, Ms. Titus, Ms. Dexter, Mr. Olszewski, Ms. 
 Matsui, Mrs. McBath, Mr. Peters, Mr. Deluzio, Mr. Davis of Illinois, 
Ms. DelBene, Ms. Williams of Georgia, Mr. Sherman, Mr. Tonko, Mr. Tran, 
 Mr. Moulton, Ms. Dean of Pennsylvania, Mr. Foster, Ms. Salinas, Ms. 
 Kelly of Illinois, Ms. Omar, Mr. Doggett, Mr. Swalwell, Mr. Keating, 
 Mr. Pallone, Ms. McClellan, Mr. Ivey, Mr. DeSaulnier, Mrs. Sykes, Ms. 
 Leger Fernandez, Mr. Thompson of California, Mr. Krishnamoorthi, Mrs. 
Dingell, Ms. Houlahan, Mr. Vargas, Mr. Cisneros, Ms. Jayapal, Mr. Amo, 
 Mr. Torres of New York, Ms. Scanlon, Ms. DeGette, Mr. Panetta, Mr. 
 Grijalva, and Mr. Takano) introduced the following bill; which was 
 referred to the Committee on the Judiciary

_______________________________________________________________________

 A BILL

 To amend chapter 44 of title 18, United States Code, to require the 
 safe storage of firearms, and for other purposes.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as ``Ethan's Law''.

SEC. 2. FINDINGS.

 Congress finds the following:

    (1) An estimated 4,600,000 minors in the United States live 
 in homes with at least 1 unsecured firearm.

    (2) Seventy-three percent of children under the age of 10 
 living in homes with firearms reported knowing the location of 
 their parents' firearms. Thirty-six percent of those children 
 reported handling their parents' unsecured firearms.

    (3) The presence of unsecured firearms in the home 
 increases the risk of unintentional and intentional shootings. 
 Over 75 percent of firearms used in youth suicide attempts and 
 unintentional firearm injuries were stored in the residence of 
 the victim, a relative, or a friend.

    (4) The United States Secret Service and the Department of 
 Education report that in 65 percent of deadly school shootings, 
 the attacker obtained the firearm from his or her own home or 
 that of a relative.

    (5) In the last decade, nearly 2,000,000 firearms have been 
 reported stolen. In 2016 alone, 238,000 firearms were reported 
 stolen in the United States. Between 2010 and 2016, police 
 recovered more than 23,000 stolen firearms across jurisdictions 
 that were used to commit kidnappings, armed robberies, sexual 
 assaults, murders, and other violent crimes.

    (6) Higher levels of neighborhood gun violence drive 
 depopulation, discourage commercial activity, and decrease 
 property values, resulting in fewer business establishments, 
 fewer jobs, lower home values, and lower home ownership rates.

    (7) The negative economic impact of gun violence in 
 communities is tied directly to the national economy and 
 interstate commerce.

    (8) Congress has the power under the interstate commerce 
 clause and other provisions of the Constitution of the United 
 States to enact measures ensuring firearms are securely stored.

SEC. 3. 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.
 ``
            (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 that 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.--Any person who violates 
 subparagraph
        (A) shall be fined $500 per 
 violation.
 ``
            (ii) Enhanced penalty.--If a person 
 violates subparagraph
        (A) and a minor or a 
 resident who is ineligible to possess a firearm 
 under Federal, State, or local law obtains the 
 firearm and causes injury or death to such 
 minor or resident, or to any other individual, 
 the person shall be fined under this title, 
 imprisoned for not more than 5 years, or both.
 ``
            (iii) 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 is less than 18 years 
 of age.''.

SEC. 4. 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:

 ``PART PP--FIREARM SAFE STORAGE PROGRAM

``

SEC. 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 earliest date as of which--
 ``
        (A) the State or Indian Tribe has enacted a law 
 that is functionally identical to 

section 922

    (z)

    (4) of 
 title 18, United States Code; and
 ``
        (B) the attorney general of the State (or 
 comparable Tribal official) has submitted a written 
 certification to the Assistant Attorney General stating 
 that the law of the State or Indian Tribe reflects the 
 sense of Congress in 

section 922

    (z)

    (4)
            (D) of such title 
 18.
 ``

    (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 a law--
 ``
            (i) that is functionally identical to 
 

section 922

    (z)

    (4) of title 18, United States 
 Code; and
 ``
            (ii) for which the attorney general of 
 the State (or comparable Tribal official) 
 submits a written certification to the 
 Assistant Attorney General stating that the law 
 of the State or Indian Tribe reflects the sense 
 of Congress in 

section 922

    (z)

    (4)
            (D) of such 
 title 18.
 ``
            (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 or Tribal 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 2025 through 2029, 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 a law--
 ``

    (1) functionally identical to 

section 922

    (z)

    (4) of title 
 18, United States Code; and
 ``

    (2) for which the attorney general of the State (or 
 comparable Tribal official) submits a written certification to 
 the Assistant Attorney General stating that the law of the 
 State or Indian Tribe reflects the sense of Congress in 

section 922

    (z)

    (4)
            (D) of such title 18.''.

SEC. 5. SENSE OF CONGRESS.

 Paragraph

    (4) of 

section 922

    (z) of title 18, United States Code, as 
added by 

section 3, is amended by adding at the end the following:
 ``
            (D) Sense of congress relating to liability.--It 
 is the sense of Congress that--
 ``
            (i) failure to comply with subparagraph
        (A) constitutes negligence under any relevant 
 statute or common law rule; and
 ``
            (ii) when a violation of subparagraph
        (A) is the but-for cause of a harm caused by the 
 discharge of a firearm, such violation should 
 be deemed to be the legal or proximate cause of 
 such harm, regardless of whether such harm was 
 also the result of an intentional tort.''.

SEC. 6. SEVERABILITY.

 If any provision of this Act, or an amendment made by this Act, or 
the application of such provision to any person or circumstance, is 
held to be invalid, the remainder of this Act, or an amendment made by 
this Act, or the application of such provision to other persons or 
circumstances, shall not be affected.
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