Handgun Permit to Purchase Act
- Sponsor
- Sen. Van Hollen, Chris [D-MD]
- Committees
- Judiciary Committee (primary)
- Last action
- Jan 16, 2025
Bottom line
The bill aims to reduce gun violence by incentivizing states and local jurisdictions to adopt and enhance handgun purchaser licensing programs through federal grants, based on research indicating such laws decrease firearm-related homicides and suicides.
What it actually does
This bill establishes a competitive grant program, administered by the Attorney General, to provide federal funding to states, units of local government, and Indian tribes. These grants are intended to support the development, implementation, and evaluation of handgun purchaser licensing requirements. To be eligible for grants, jurisdictions must have laws requiring a license for handgun purchases, with specific criteria including an age minimum of 21, U.S. citizenship or lawful permanent residency, application at a law enforcement agency, reapplication every 5 years, and submission to a background investigation, criminal history check, fingerprints, and photographs.
Proponents argue
Supporters argue that handgun purchaser licensing laws are a proven, evidence-based strategy to significantly reduce firearm-related homicides and suicides, prevent firearms from falling into the hands of prohibited individuals, and decrease the diversion of handguns for criminal use. They point to research from states like Connecticut and Maryland showing positive impacts, and the Supreme Court's recent decision to let Maryland's law stand, as evidence of the effectiveness and constitutionality of such measures.
Opponents contend
Opponents typically argue that such licensing requirements infringe upon the Second Amendment rights of law-abiding citizens to keep and bear arms, creating undue burdens and delays for self-defense. They may also contend that these laws do not deter criminals, who will obtain firearms through illicit means regardless of licensing requirements, and that they disproportionately affect certain populations or create de facto gun registries.
The bill text is concise and can be read quickly, allowing for a thorough understanding of its provisions and implications.
Section 3(a), adding Part PP, Section 3062(a) and (b) to Title I of the Omnibus Crime Control and Safe Streets Act of 1968.
Establishment of Handgun Licensing Grant Program
This provision authorizes the Attorney General to award competitive grants to states, local governments, and Indian tribes. The purpose of these grants is to help these entities develop, implement, and evaluate programs that require individuals to obtain a license before purchasing a handgun. The Attorney General is directed to award these grants within 90 days of appropriation, on a competitive basis, to eligible applicants.
Supporters argue
Supporters argue this grant program provides essential financial incentives and resources for jurisdictions to adopt effective public safety measures, leveraging federal support to address gun violence at the local level.
Critics contend
Opponents might argue that this program uses federal funds to coerce states into adopting policies that may be unpopular or seen as infringing on constitutional rights, rather than allowing states to determine their own gun laws.
Tradeoffs
Balances federal encouragement of specific gun safety policies with state and local autonomy in legislative matters.
Section 3(a), adding Part PP, Section 3062(d) to Title I of the Omnibus Crime Control and Safe Streets Act of 1968.
Mandatory Handgun Licensing Program Requirements for Grant Eligibility
To qualify for a grant, states, local governments, or Indian tribes must have a handgun purchaser licensing law that mandates specific requirements. These include applicants being at least 21 years old, U.S. citizens/nationals or lawful permanent residents, applying at a law enforcement agency in their state of residence, reapplying every 5 years, and submitting to a background investigation, criminal history check (ensuring no 922(g) prohibitions), fingerprints, and photographs.
Section 3(a), adding Part PP, Section 3062(e) to Title I of the Omnibus Crime Control and Safe Streets Act of 1968.
Permitted Use of Grant Funds
This provision specifies that any funds awarded through the grant program must be used exclusively to improve the handgun purchaser licensing program of the grant recipient. This ensures that federal money directly supports the intended purpose of enhancing licensing systems and prevents diversion of funds to other programs or initiatives.
Section 3(b), amending Section 1001(a) of Title I of the Omnibus Crime Control and Safe Streets Act of 1968.
Funding Authorization for Grant Program
This provision authorizes "such sums as may be necessary" to be appropriated to carry out the handgun licensing grant program. This means that Congress would need to pass separate appropriations legislation in the future to actually provide the funding, but this bill creates the legal authority for those appropriations to occur.
Defines "handgun" by cross-referencing section 921(a) of title 18, United States Code.
Section 3(a), adding Part PP, Section 3061 to Title I of the Omnibus Crime Control and Safe Streets Act of 1968.
Why it matters:Standard legislative practice to avoid reprinting lengthy definitions and to ensure consistency with existing federal law. It is not an evasive tactic.
Case for: Supporters would argue that referencing existing definitions ensures consistency and avoids creating conflicting or redundant legal definitions, streamlining the legislative text and preventing ambiguity.
Case against: Critics might argue that relying on external definitions makes the bill less self-contained and harder for the average citizen to fully comprehend without additional legal research, potentially obscuring the full scope of the bill's applicability.
Estimated impact: Ensures the bill's provisions apply uniformly to the same types of firearms as defined in broader federal law, impacting all handguns as federally defined.