The MASS Act would create a new federal grants program to encourage states to implement and maintain comprehensive firearms licensing systems for both individuals and firearm dealers. Under the bill, the Assistant Attorney General would award three-year grants to states to establish or strengthen licensing requirements that include thorough background checks, safety training, dealer licensing, recordkeeping, and enforcement procedures. The legislation also defines key terms (such as covered licenses, prohibited individuals, and extreme risk protection orders) and sets standards for who may be barred from receiving a license, how licenses are issued or revoked, and how information about licenses is shared and enforced. In addition to licensing, the bill would empower states to establish extreme risk protection orders and related surrender requirements for firearms when such orders are in place. States seeking the grants would have to apply with a plan for implementing these elements, and recipient states would report annually on their activities and outcomes. The bill thus seeks to create a nationwide framework for licensing firearms and firearms dealers, with federal funding and oversight to encourage consistent standards across states. If enacted, it could lead to broader background checks, mandatory training, dealer compliance measures, and mechanisms to temporarily remove firearms from individuals deemed to be a risk, while also imposing reporting and accountability requirements on states and dealers.
Key Points
- 1Creates Part PP (Firearms Licensing) in the Omnibus Crime Control and Safe Streets Act of 1968, defining core terms and setting licensing standards.
- 2- Key terms include covered licenses (firearms license or firearms dealer license), extreme risk protection orders (ERPOs), prohibited individuals, suitable determinations, and thorough background checks.
- 3- Establishes standards for who is considered a prohibited individual and factors for suitability, including criminal history, court findings of danger, residency, military discharges, warrants, and other relevant factors.
- 4Grants to States for firearms and firearms dealer licensing (3-year grants).
- 5- The Assistant Attorney General could award grants to implement or maintain licensing requirements consistent with the bill’s provisions.
- 6- Grants run for three fiscal years; reallocation or unspent funds must be returned to the federal government.
- 7- States must apply with a plan describing how the funds will implement or maintain the licensing framework.
- 8Detailed licensing requirements and processes (subsection c(2) elements) that states must implement for both individual and dealer licensing.
- 9- Licensing authorities (typically police chiefs or local police boards/designees) issue licenses.
- 10- Thorough background checks for license issuance/renewal, which may include interviews and references; determinations of suitability.
- 11- First-time firearms license applicants must complete safety training.
- 12- Dealer licensing requires investigation of criminal history, thorough background checks, and relevant state requirements.
- 13- Applications must align with federal, state, and local law; license revocation/suspension/denial processes; nondiscrimination protections.
- 14- Judicial review processes for license revocation, suspension, or denial.
- 15- Provisions for extreme risk protection orders and petitions by family members where applicable.
- 16- Surrender/transfer requirements for revoked/suspended licenses and for individuals under ERPOs/DV protection orders.
- 17- Dealer requirements on location, records, employee background checks, inventory/recordkeeping, and potential inspections.
- 18- Rules for prompt information sharing about license issuance, renewal, expiration, suspension, or revocation; license verification requirements for firearm sales.
- 19- Reporting of all firearm and ammunition sales/rentals/leases; notification to licensing authorities of invalid/expired licenses; reporting of lost/stolen firearms/ammunition.
- 20- Storage requirements: firearms must be secured or tamper-resistant when not in use; clarifies that carrying by an owner or authorized user does not constitute improper storage.
- 21- Provisions to ensure transfer controls and prohibited individual identification are consistent with law.
- 22Monitoring, reporting, and administrative controls.
- 23- States must submit annual reports detailing activities, progress toward elements, and other required information.
- 24- Limitations on federal funding use for salaries/administrative expenses (cap of 2%).
- 25- Provisions for returning unspent funds and ensuring funds are used only for described purposes.
- 26Arming states with a parallel ammunition license concept.
- 27- If a state requires a separate ammunition dealer license, those requirements can satisfy the firearms dealer licensing provisions if they mirror the same standards for dealing ammunition.