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To end the epidemic of gun violence and build safer communities by strengthening Federal firearms laws and supporting gun violence research, intervention, and prevention initiatives. IN THE HOUSE OF REPRESENTATIVES January 30, 2020 Mr. Johnson of Georgia (for himself, Mr. Kennedy, Mr. Quigley, Mr. Brown of Maryland, Mr. Morelle, Ms. DeLauro, Mrs. Carolyn B. Maloney of New York, Mr. Keating, Mr. Lynch, Mr. Moulton, Ms. Pressley, Mrs. Trahan, Mr. McGovern, Mr. Danny K. Davis of Illinois, Mr. Neal, Ms. Clark of Massachusetts, and Mr. Pascrell) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Energy and Commerce, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
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A BILL To end the epidemic of gun violence and build safer communities by strengthening Federal firearms laws and supporting gun violence research, intervention, and prevention initiatives. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. Short title; table of contents. (a) Short title.—This Act may be cited as the “Gun Violence Prevention and Community Safety Act of 2020”. (b) Table of contents.—The table of contents for this Act is as follows:...
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Sec. 1. Short title; table of contents. TITLE I—FIREARM LICENSING Sec. 101. License to own firearms and ammunition. Sec. 102. State firearms licensing. TITLE II—BACKGROUND CHECK REFORM Sec. 201. Universal background checks. Sec. 202. Completion of background checks; 7-day waiting period. Sec. 203. Reporting of background check denials. TITLE III—FIREARM POSSESSION Sec. 301. Protecting victims of domestic violence. Sec. 302. Fugitives from justice. Sec. 303. Minimum age for purchasing firearms and ammunition. Sec. 304. Secure gun storage by owners. Sec. 305. Secure gun storage or safety device for all firearms. Sec. 306. Consumer product safety standards for gun locks and gun safes. Sec. 307. Gun-free school zones.
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TITLE IV—EXTREME RISK PROTECTION ORDERS Sec. 401. Extreme risk protection order grant program. Sec. 402. Federal extreme risk protection orders. Sec. 403. Federal firearms prohibition. Sec. 404. Identification records. Sec. 405. Conforming amendment. Sec. 406. Full faith and credit. TITLE V—ASSAULT WEAPONS AND FIREARMS SILENCERS AND MUFFLERS BAN Subtitle A—Assault weapons ban
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Sec. 511. Definitions. Sec. 512. Restrictions on assault weapons and large capacity ammunition feeding devices. Sec. 513. Penalties. Sec. 514. Use of Byrne grants for buy-back programs for semiautomatic assault weapons and large capacity ammunition feeding devices. Sec. 515. Ban on untraceable and undetectable firearms. Sec. 516. Prohibition on possession of certain firearm accessories.
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Subtitle B—Firearm silencers and mufflers ban Sec. 521. Definition. Sec. 522. Restrictions on firearm silencers and firearm mufflers. Sec. 523. Penalties. Sec. 524. Effective date.
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TITLE VI—FIREARM TRAFFICKING Sec. 601. Prohibition against multiple firearm sales or purchases. Sec. 602. Increased penalties for making knowingly false statements in connection with firearms. Sec. 603. Retention of records. Sec. 604. Revised definition. Sec. 605. Firearms trafficking.
Anonymous
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TITLE VII—DEALER REFORM Sec. 701. Gun shop security measures. Sec. 702. Inspections. Sec. 703. Employee background checks. Sec. 704. Gun store thefts. Sec. 705. Civil enforcement. Sec. 706. No effect on State laws governing dealing in firearms. Sec. 707. Lost and stolen reporting requirement. Sec. 708. Report on implementation. Sec. 709. Enhanced record keeping requirements. Sec. 710. Deadline for issuance of final regulations. Sec. 711. Repeal.
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TITLE VIII—INDUSTRY REFORM Sec. 801. Repeal. Sec. 802. Repeal of exclusion of pistols, revolvers, and other firearms from consumer product safety laws. Sec. 803. Increase in excise taxes relating to firearms. TITLE IX—RESEARCH AND COMMUNITY VIOLENCE INTERVENTION PROGRAM Sec. 901. Community violence intervention grant program. Sec. 902. Funding for research on firearms safety or gun violence prevention. TITLE X—MISCELLANEOUS Sec. 1001. Severability.
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TITLE I—Firearm licensing SEC. 101. License to own firearms and ammunition. (a) In general.—Chapter 44 of title 18, United States Code, is amended by adding at the end the following: “§ 932. License to own firearms and ammunition
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“(a) In general.—Except otherwise provided in this section, it shall be unlawful for any individual who is not licensed under this section to knowingly purchase, acquire, or possess a firearm or ammunition. “(b) Eligibility.—An individual shall be eligible to receive a license under this section if the individual— “(1) has attained 21 years of age; and “(2) has completed training in firearms safety, including— “(A) a written test, to demonstrate knowledge of applicable firearms laws; “(B) hands-on testing, including firing testing, to demonstrate safe use of a firearm; “(C) as part of the process for applying for such a license— “(i) has submitted to a background investigation and criminal history check of the individual, including a background check using the National Instant Criminal Background Check System, to ensure the individual is not prohibited from possessing a firearm under subsection (g) or (n) of section 922; and “(ii) has submitted a photograph of the individual; “(D) has not been determined by a court, in accordance with subsection (c)(5), to be unsuitable to be issued a Federal firearm owner's license; and “(E) is not otherwise prohibited by Federal, State, Tribal, or local law from possessing a firearm. “(c) Establishment of Federal Firearm Owner's license.— “(1) IN GENERAL.—The Attorney General shall issue a Federal firearm owner's license to any individual who is eligible under subsection (b). “(2) ISSUANCE OF LICENSE OR NOTICE OF DENIAL.—Not later than 40 days after the date on which an individual submits an application for a Federal firearm owner's license under this section, the Attorney General shall—
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“(A) determine whether the individual is eligible to possess a license under this section; and “(B) based on the determination under subparagraph (A)— “(i) issue a Federal firearm owner's license to the individual; or “(ii) provide written notice to the individual of— “(I) the determination that the individual is ineligible to possess such a license based on the requirements described in subsection (b), which shall include an explanation for the determination; or “(II) a petition filed under paragraph (5). “(3) EXPIRATION.—A Federal firearm owner's license issued under this section shall expire on the date that is 10 years after the date on which the license was issued. “(4) RENEWAL OF LICENSE.— “(A) IN GENERAL.—A Federal firearm owner's license issued under this section may be renewed at the end of the 10-year period described in paragraph (3).
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“(B) REQUIREMENTS.—The process for renewal of a Federal firearm owner's license under subparagraph (A) shall include— “(i) an up-to-date background investigation and criminal history check of the individual; and “(ii) a recent photograph of the individual. “(C) ISSUANCE OF RENEWAL OR NOTICE OF DENIAL.—Not later than 40 days after the date on which an individual submits an application for a renewal of a Federal firearm owner's license under this paragraph, the Attorney General shall— “(i) issue a renewed Federal firearm owner's license to the individual; and “(ii) provide written notice to the individual of— “(I) the determination that the individual is ineligible to possess such a license based on the requirements described in subsection (b), which shall include an explanation for the determination; or “(II) a petition filed under paragraph (5).
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“(5) ATF DETERMINATION OF UNSUITABILITY.— “(A) IN GENERAL.—The Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives may file a petition, which shall contain a written statement of the reasons supporting the request required under subparagraph (C), in an appropriate district court of the United States to request that— “(i) an individual who has applied for a Federal firearm owner's license, or renewal thereof, under this section be denied the request for such license; or “(ii) a previously issued Federal firearm owner's license be suspended or revoked. “(B) NOTICE.—Any petition filed under subparagraph (A) shall include written notice to the individual who requested, or is in possession of, the Federal firearm owner's license, as the case may be, describing the facts and circumstances justifying the petition. “(C) HEARING.—Not later than 90 days after the date on which a petition is filed under subparagraph (A), the court shall conduct a hearing. “(D) FACTORS TO DETERMINE UNSUITABILITY.—Not later than 15 days after the date on which a hearing is conducted under subparagraph (C), the court shall find that an individual is unsuitable to possess a Federal firearm owner's license if, based on a preponderance of the evidence, there exists— “(i) reliable, articulable, and credible information that the individual has exhibited or engaged in behavior to suggest the individual could potentially create a risk to public safety; or “(ii) other existing factors that suggest that the individual could potentially create a risk to public safety.
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“(E) NOTICE OF DETERMINATION.—If a court finds an individual is unsuitable to possess a Federal firearm owner's license, the court shall notify the applicant in writing, setting forth the specific reasons for such determination. “(6) REVIEW.—A determination of the Director of Bureau of Alcohol, Tobacco, Firearms and Explosives or a district court of the United States under this subparagraph may be appealed to the appropriate court of the United States. “(d) Exceptions.— “(1) PREVIOUSLY POSSESSED FIREARMS.—Subsection (a) shall not apply to the possession of any firearm or ammunition by an individual who otherwise lawfully possessed the firearm or ammunition under Federal law on the date on which the Attorney General begins issuing Federal firearm owner's licenses under this section. “(2) STATE LICENSES.— “(A) IN GENERAL.—Subsection (a) shall not apply to an individual in a State if the Attorney General determines that the State— “(i) has in effect a process for issuing a State firearm owner's license to eligible individuals in the State that is substantially similar to the requirements of subsection (b); and “(ii) provides to the Attorney General real-time validity information relating to firearm owner's licenses issued by the State, for inclusion in the database described in section (f). “(B) PUBLICATION OF LIST OF QUALIFYING STATES.— “(i) IN GENERAL.—Not later than 2 years after the date of enactment of the Gun Violence Prevention and Community Safety Act of 2020, the Attorney General shall publish a list of States that have in effect a process described in subparagraph (A).
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“(ii) UPDATED LIST.—The Attorney General shall update the list described in clause (i) immediately upon determining that a State should be included on or removed from the list. “(3) LICENSED DEALERS, MANUFACTURERS, AND IMPORTERS.—Subsection (a) shall not apply to an individual who is a licensed dealer, licensed manufacturer, or licensed importer. “(4) AGENCIES AND LAW ENFORCEMENT OFFICERS.— “(A) IN GENERAL.—Subsection (a) shall not apply to— “(i) 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); or
Anonymous
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“(ii) the importation for, or sale or transfer to a licensee under title I of the Atomic Energy Act of 1954 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. “(B) DEFINITION.—For purposes of subparagraph (A), the term ‘campus law enforcement officer’ means an individual who is— “(i) 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.); “(ii) responsible for the prevention or investigation of crime involving injury to persons or property, including apprehension or detention of persons for such crimes; “(iii) authorized by Federal, State, or local law to carry a firearm, execute search warrants, and make arrests; and “(iv) recognized, commissioned, or certified by a government entity as a law enforcement officer.
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“(e) Prohibition of straw purchasing.—It shall be unlawful for any person to willfully use a valid Federal or State firearm license to purchase a firearm or ammunition on behalf of another individual, regardless of whether the other individual has a valid Federal or State firearm license. “(f) Penalties.—Any person who violates subsection (a) or (e) shall be imprisoned not more than 2 years, fined in accordance with this title, or both. “(g) Database.—The Attorney General shall establish an electronic database, which shall be accessible by Federal, State, local, and Tribal law enforcement agencies and licensed dealers, through which a licensed dealer may verify the validity of a Federal firearm owner's license issued under this section. “(h) Revocation of licenses.— “(1) IN GENERAL.—The Attorney General shall revoke the Federal firearm owner's license issued to an individual under this section upon the occurrence of any event that would have disqualified the individual from being issued or renewed a Federal firearm owner's license under this section or for a violation of a restriction provided under this section. “(2) REQUIRED NOTICE.—Upon revocation of a Federal firearm owner's license under paragraph (1), the Attorney General shall provide written notice of such revocation to the individual to whom the license was issued. “(3) APPEAL OF REVOCATION.— “(A) IN GENERAL.—An individual who has the Federal firearm owner's license of the individual revoked under this subsection may appeal the revocation determination to the Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives.
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“(B) REQUIREMENT.—Not later than 14 days after the date on which an individual appeals a revocation determination under subparagraph (A), the Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives shall conduct a hearing on the appeal. “(C) NOTICE OF DETERMINATION.—The Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives shall provide written notice of the determination made after a hearing under subparagraph (B) regarding the appealed revocation to the individual. “(D) APPEAL.—If the Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives determines after a hearing under this paragraph to uphold the revocation, the determination may be appealed to an appropriate district court of the United States. “(i) Authorization of appropriations.—There are authorized to be appropriated to the Attorney General such sums as are necessary to carry out this section.”.
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(b) Clerical amendment.—The table of sections for such chapter is amended by adding at the end the following: “932. License to own firearms and ammunition.”. (c) Effective date.—The amendments made by subsections (a) and (b) shall take effect on the date that is 2 years after the date of enactment of this Act. (d) Regulations.— (1) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Attorney General shall promulgate regulations to carry out section 932 of title 18, United States Code, as added by subsection (a), including a regulation requiring that any firearm manufactured after the effective date described in subsection (c) of this section be legibly and conspicuously engraved or cast with the date on which the firearm was manufactured. (2) REQUIREMENT.—The Attorney General shall conduct, not less frequently than annually, a background investigation of each individual to whom a Federal firearm owner's license is issued under this section to ensure that the individual is not prohibited from possessing a firearm under subsection (g) or (n) of section 922 or under State law. (e) Annual report.—Not later than 1 year after the date of enactment of this Act, and each year thereafter, the Attorney General shall submit a report to Congress on the implementation of section 932 of title 18, United States Code, as added by subsection (a), and recommendations, if any, for improvements of the system required to be established under such section 932. SEC. 102. State firearms 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:
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“PART OO—Firearms licensing “SEC. 3051. Definitions. “(a) In general.—In this part— “(1) the term ‘covered license’ means a— “(A) firearms license; or “(B) firearms dealer license; “(2) the term ‘extreme risk protection order’— “(A) means a written order, issued by a State court or signed by a magistrate that, for a period not to exceed a time frame established by the State— “(i) prohibits the individual named in the order from having under the custody or control of the individual, purchasing, possessing, or receiving a firearm or ammunition; and “(ii) requires that any firearm or ammunition under the custody or control of the individual be removed; and “(B) does not include a domestic violence protection order, as defined in section 2266 of title 18, United States Code; “(3) the term ‘prohibited individual’ means an individual who is categorically ineligible to receive a covered license; “(4) the term ‘suitable’ means that an individual does not create a risk to public safety; and “(5) the term ‘thorough background check’ means a Federal and State background check, which may include a fingerprint-based background check. “(b) Prohibited individuals.—For purposes of this part, a State— “(1) shall establish standards for categorizing an individual as a prohibited individual for purposes of receiving a covered license; and “(2) in establishing standards with respect to a covered license under paragraph (1), shall take into consideration whether limitations may be warranted based on— “(A) criminal history;
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“(B) whether an individual has been— “(i) deemed a danger to himself or herself or other individuals by a court or authorized administrative body; or “(ii) committed to a hospital or institution as a danger to himself or herself or other individuals; “(C) age; “(D) legal residency; “(E) military dishonorable discharges; “(F) whether an individual is subject to a permanent or temporary protection order or has ever been convicted of a misdemeanor crime of domestic violence; “(G) outstanding arrest warrants; “(H) status as a fugitive; “(I) renunciation of United States citizenship; and “(J) other factors relevant to the suitability of a license holder.
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“SEC. 3052. Grants and conditions. “(a) Grants authorized.—The Assistant Attorney General may make grants to States to implement or maintain firearms and firearms dealer licensing requirements. “(b) Duration of grants.—A grant under subsection (a) shall be for a period of 3 fiscal years. “(c) Use of funds for firearms and firearms dealer licensing.— “(1) ACTIVITIES.—Amounts received under a grant under subsection (a) shall be used for the implementation or maintenance of firearms and firearms dealer licensing requirements, which shall incorporate and implement the elements described in paragraph (2). “(2) ELEMENTS.—The elements described in this paragraph are those providing that— “(A) an individual shall have a firearms license— “(i) at the time of the purchase, rental, or lease of a firearm or purchase of ammunition; and “(ii) during the entire period of ownership or possession of a firearm or ammunition; “(B) (i) an individual who (including the owner or operator of a business that) sells, rents, or leases a minimum number of firearms, or sells ammunition, during a calendar year shall obtain a firearms dealer license; and “(ii) the State shall establish the minimum number of firearms for purposes of clause (i), which may not be higher than 10 per calendar year;
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“(C) the chief of police or the board or officer having control of the police department of a local government, or a designee within the same department, shall function as the licensing authority; “(D) for an application for issuance or renewal of a firearms license, the licensing authority shall— “(i) conduct a thorough background check, which may include— “(I) conducting an interview with the applicant; “(II) requiring the submission of letters of reference stating that the applicant is of sound mind and character; and “(III) any other requirements the State determines relevant; and “(ii) make a determination of suitability; “(E) a first-time firearms license applicant shall complete safety training; “(F) for an application for issuance or renewal of a firearms dealer license, the licensing authority shall conduct an investigation into the criminal history of the applicant, which may include— “(i) an interview with the applicant;
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“(ii) a thorough background check; and “(iii) any other requirements the State determines relevant; “(G) the State shall establish appropriate application processes for covered licenses consistent with Federal, State, and local law; “(H) the State shall establish standards and processes by which licensing authorities can revoke, suspend, or deny the issuance or renewal of a covered license; “(I) the State shall ensure that a revocation, suspension, or denial cannot be based on race, color, ethnicity, religion, sex, sexual orientation, or gender identity; “(J) the State shall establish judicial review processes by which any applicant for or holder of a covered license may, within a reasonable time period, petition to obtain judicial review of a revocation, suspension, or denial of the issuance or renewal of a covered license; “(K) the State shall establish— “(i) standards and a process under which a family member of an individual who the family member fears is a danger to himself, herself, or others may petition for an extreme risk protection order; and “(ii) standards for the termination or extension of an order described in clause (i); “(L) the State shall establish processes under which— “(i) an individual whose covered license is revoked or suspended, or whose application for issuance or renewal of a covered license is denied, shall surrender or transfer all firearms and ammunition that are or would have been covered by the license; and
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“(ii) an individual who is subject to an extreme risk protection order or a domestic protection order, as defined in section 2266 of title 18, United States Code, shall surrender or transfer all firearms and ammunition in the possession of the individual; “(M) the State shall establish requirements with which a firearms dealer licensee must comply, which— “(i) shall include requirements relating to— “(I) the location at which the licensee conducts firearm or ammunition transactions; “(II) the manner in which the licensee records firearm or ammunition transactions; “(III) background checks for employees of the licensee; and “(IV) any other matter that the State determines appropriate; and “(ii) may include requirements that a licensee— “(I) maintain a permanent place of business— “(aa) that is not a residence; and “(bb) at which the licensee conducts all firearms or ammunition transactions; “(II) submit to mandatory record and inventory inspections by a licensing authority; “(III) maintain a sales record book at the permanent place of business described in subclause (I) in accordance with standards established by the State;
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“(IV) conduct a pre-employment background check on each potential employee to determine the suitability of any potential employee who may have direct and unmonitored contact with a firearm or ammunition; and “(V) take any other action that the State determines appropriate; “(N) the State shall promulgate rules and regulations to ensure the prompt collection, exchange, dissemination, and distribution of information pertaining to the issuance, renewal, expiration, suspension, or revocation of a covered license; “(O) the State shall establish standards that are consistent with Federal and State law— “(i) governing the transfer of a firearm or ammunition; and “(ii) for identifying a prohibited individual, in accordance with section 3051(b);
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“(P) the State shall promulgate rules and regulations that require a dealer or private seller of firearms or ammunition to verify the validity of a firearms license before the sale, rental, or lease of any firearm or the sale of any ammunition; “(Q) a dealer or private seller of firearms or ammunition shall report all sales, rentals, and leases of firearms, and sales of ammunition, to State authorities; “(R) a dealer of firearms or ammunition shall notify the licensing authority when presented with an invalid or expired firearms license; “(S) any firearms licensee whose firearm or ammunition is lost or stolen shall report the loss or theft to the licensing authority and State authorities within a reasonable time frame and in a manner established by the State; “(T) an individual holding a firearms license or firearms dealer license shall renew the license on a time frame established by the State; “(U) an individual may not use the firearms license of the individual to purchase a firearm or ammunition for— “(i) the unlawful use of the firearm or ammunition by another individual; or “(ii) the resale or other transfer of the firearm or ammunition to an unlicensed individual; and “(V) (i) it shall be unlawful to store or keep a firearm in any place unless the firearm is secured in a locked container or equipped with a tamper-resistant mechanical lock or other safety device, properly engaged so as to render the firearm inoperable by any individual other than the owner or other lawfully authorized user; and “(ii) for purposes of clause (i), a firearm shall not be considered to be stored or kept if carried by or under the control of the owner or other lawfully authorized user.
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Fucking Capatcha decided to rape me without my consent so I'll finish posting the rest tomorrow.