Lori Jackson-Nicolette Elias Domestic Violence Survivor Protection Act

PP Grant program regarding removal of firearms from adjudicated domestic violence parties

3061. Definitions. In this part:

(1) Ammunition; firearm. The terms ammunition and firearm have the meanings given those terms in section 921 of title 18, United States Code.

(2) Covered entity. The term covered entity means—

(A) a State;

(B) an Indian tribe; or

(C) a unit of local government.

(3) Domestic violence protection order. The term domestic violence protection order has the meaning given the term covered domestic violence court order in section 921 of title 18, United States Code.

3062. Grant program

(a) Authority to make grants. The Attorney General, acting through the Director of the Office on Violence Against Women, may make grants to covered entities to assist the covered entities in carrying out the policies, procedures, protocols, laws, court rules, or regulations described in section 3063.

(b) Eligible covered entity

(1) In general. A covered entity shall be eligible to receive a grant under this section on and after the date on which the Attorney General determines that the covered entity has in effect policies, procedures, protocols, laws, court rules, or regulations that are substantially similar to the policies, procedures, laws, court rules, or regulations described in section 3063.

(2) Determination. In making a determination under paragraph (1), the Attorney General may consider policies, procedures, protocols, laws, court rules, or regulations of a covered entity to be substantially similar to the policies, procedures, laws, courts rules, or regulations described in section 3063 even if the policies, procedures, protocols, laws, court rules, or regulations of the covered entity—

(A) vary in scope;

(B) prescribe different types of protective orders or firearm surrender orders; or

(C) provide different timing requirements.

(c) Use of funds. Grant funds awarded under this section may be used by a covered entity—

(1) to assist law enforcement agencies or courts of the covered entity in carrying out the policies, procedures, protocols, laws, court rules, or regulations described in section 3063, including the storage of firearms and ammunition; and

(2) in order to ensure the safety of domestic violence victims after a domestic violence protection order is issued in accordance with the policies, procedures, protocols, laws, court rules, or regulations described in section 3063, to partner with and provide support to not less than 1 domestic violence victim service provider, which may include an organization that is a culturally specific organization.

(d) Application

(1) In general. A covered entity desiring a grant under this section shall submit to the Attorney General an application at such time, in such manner, and containing or accompanied by such information as the Attorney General may reasonably require.

(2) Contents. An application submitted under this subsection shall include a description of an action plan of the covered entity to establish a partnership described in subsection (c)(2).

3063. State and tribal policies and procedures

(a) In general. The policies, procedures, protocols, laws, court rules, or regulations described in this section are policies, procedures, protocols, laws, court rules, or regulations relating to the possession of a firearm or ammunition that—

(1) direct a court, upon the issuance of a domestic violence protection order, to include relief or issue an additional order (referred to in this section as a firearm surrender order) that—

(A) is in effect for the duration of the domestic violence protection order;

(B) automatically terminates upon the expiration of the domestic violence protection order;

(C) requires—

(i) the individual subject to the domestic violence protection order or firearm surrender order to, not later than 24 hours after the domestic violence protection order or firearm surrender order is served, surrender physical possession of all firearms and ammunition in the possession, care, custody, or control of the individual, including any firearm that the individual has entrusted or lent to a third party, by either—

(I) surrendering the firearms and ammunition to the chief law enforcement officer of the district in which the individual resides or a law enforcement agency designated by the State or Indian tribe to receive and store firearms and ammunition; or

(II) selling the firearms and ammunition to a licensed dealer (as defined 32 in section 921 of title 18, United States Code); or

(ii) the chief law enforcement officer of the district in which the individual resides or a law enforcement agency designated by the State or Indian tribe to receive and store firearms and ammunition to, not later than 24 hours after the domestic violence protection order or firearm surrender order is served, request the surrender of and remove and store any firearm or ammunition in the possession, care, custody, or control of the individual, including firearms and ammunition that the individual has entrusted or lent to a third party;

(D) prohibits the individual from purchasing, possessing, or receiving, or attempting to purchase or receive, a firearm or ammunition for the period of time during which the domestic violence protection order or firearm surrender order is in effect;

(E) revokes any permit or license of the individual to purchase, possess, or carry a firearm or ammunition for the period of time during which the domestic violence protection order or firearm surrender order is in effect; and

(F) requires the individual subject to the domestic violence protection order or firearm surrender order to, not later than 48 hours after the domestic violence protection order or firearm surrender order is served, file with the court—

(i) a declaration under penalty of perjury that—

(I) the individual has made the surrender described in subparagraph (C)(i);

(II) the chief law enforcement officer of the district in which the individual resides has conducted the removal described in subparagraph (C)(ii); or

(III) the individual did not possess any firearm or ammunition at the time of the issuance and service of the domestic violence protection order or firearm surrender order and continues to not possess any firearms or ammunition; and

(ii) an itemized receipt of any firearms or ammunition surrendered by the individual subject to the domestic violence protection order or firearm surrender order under subparagraph (C)(i), or removed by a chief law enforcement officer from that individual under subparagraph (C)(ii), that is signed by the individual who took possession of those firearms or ammunition;

(2) in the case of an individual who does not comply with paragraph (1)(C)(i), and where there are reasonable grounds to believe that the individual possesses or has purchased a firearm, require the chief law enforcement officer or designated law enforcement agency described in paragraph (1)(C)(ii) to remove any firearm or ammunition from the individual;

(3) requires a chief law enforcement officer or designated law enforcement agency that conducts a removal under paragraph (1)(C)(ii) or (2) or receives a firearm or ammunition surrendered by an individual under paragraph (1)(C)(i)(I) to, not later than 48 hours after conducting the removal or receiving the surrendered firearm or ammunition, notify the court of the removal or surrender;

(4) with respect to a firearm or ammunition that is surrendered under paragraph (1)(C)(i) or any firearm or ammunition removed under paragraph (1)(C)(ii) or (2), require the law enforcement agency to which the firearm or ammunition is surrendered or that removes any firearm or ammunition to—

(A) safely store the firearm or ammunition, including with federally licensed firearms dealers; and

(B) at the request of the individual subject to the domestic violence protection order or firearm surrender order, not later than 7 days after the request, if the domestic violence protection order described in paragraph (1) has expired or been removed—

(i) perform a background check on the individual previously subject to the domestic violence protection order or firearm surrender order to determine whether the individual is prohibited from possessing or receiving a firearm under Federal, State, tribal, or local law; and

(ii) return the firearm or ammunition to the individual previously subject to the domestic violence protection order or firearm surrender order if the individual is not prohibited from possessing or receiving a firearm under Federal, State, tribal, or local law; and

(5) require the courts and relevant law enforcement agencies to partner with and provide support for local domestic violence programs in order to ensure the safety of victims of domestic violence after the issuance of a domestic violence protection order or firearm surrender order.

(b) Applicability. Except as otherwise provided in this section, the definitions and grant conditions set forth in section 40002 of the Violence Against Women Act of 1994 (34 U.S.C. 12291) shall apply to this section.

(29) There are authorized to be appropriated such sums as are necessary to carry out part PP.