Model State Bill

Here is a draft bill enacting the proposal that, with some tailoring, could be introduced in any state:

 

Optional language underlined.

[THE STATE FIREARMS STATUTE] is amended by adding the following:

SECTION 1.

(a) The [STATE AGENCY RESPONSIBLE FOR NICS REPORTING, hereinafter [AGENCY], by [DATE], shall develop and launch a secure internet-based platform to allow any person who resides in [STATE] to add the person’s own name to the “[STATE] Do Not Sell List” (also referred to herein as the “registry”).  The [AGENCY] shall ensure that this internet-based platform credibly:

(1) Verifies the identity of any person who opts to register or to request removal;

(2) Prevents unauthorized disclosures of any person registering or requesting removal; and

(3) Informs the potential registrant of the legal effects of registration or removal.

(b)

(1) Once the internet-based platform becomes operative, any person who resides in [STATE] may request, via the platform, to be added to the [STATE] Do Not Sell List. The [AGENCY] shall, on an ongoing basis, ensure that registry information is reflected in the National Instant Criminal Background Check System (NICS) Index for [STATE].

(2) At the time of registration, a person may, but is not required to, list with the registry up to five (5) email addresses to be contacted promptly if the person requests to be added to the [STATE] Do Not Sell List or subsequently requests that the person’s name be removed from the registry.  The [AGENCY] shall promptly notify by email any such addresses that the person has registered or requested to be removed from the registry.

(c)

(1) Registering for the [STATE] Do Not Sell List renders receipt of a firearm by the registrant illegal.  Possession after the moment of receipt is not illegal and cannot be relied upon to prove a violation of this subsection.

(2)

(A) It is a criminal offense to knowingly transfer a firearm to a person who is validly registered on the [STATE] Do Not Sell List.

(B) A violation of subdivision (c)(2)(A) is punishable [CONSISTENT WITH OTHER STATE LAWS ON ILLEGAL FIREARM TRANSFER].

(d)

(1) A person registered on the [STATE] Do Not Sell List may subsequently request that the person’s name be removed from the registry through the [STATE]’s internet-based platform.  The [AGENCY] shall wait twenty-one (21) days after receiving a request to remove a person’s name from the registry before removing the requesting person from the NICS Index for [STATE].  The [AGENCY] shall then purge all records related to registration and removal.

(2) A person registered on the [STATE] Do Not Sell List may file a petition in [THE APPROPRIATE COURT] of the county in which the person resides requesting to have the person’s name removed immediately. A hearing on removal must be held within forty-eight (48) hours of the filing of the petition. If the judge finds that the person is not at elevated suicide risk or has a specific and compelling need for a firearm in less than 21 days, the judge shall order the [AGENCY] to immediately remove the requesting person’s name from the NICS Index for [STATE].

(e)

(1) Whether a person has requested to be added to the registry, is on the registry, has requested to be removed from the registry, or has been removed from the registry, is confidential with respect to all matters involving health care, employment, education, housing, insurance, government benefits, and contracting.

(2) A violation of confidentiality occurs if any person or entity described in subdivision (e)(1)—other than a healthcare professional, therapist, or counselor—inquires as to any confidential matter described in subdivision (e)(1) or if any person or entity described in subdivision (e)(1)—including, but not limited to, healthcare professionals, therapists, and counselors—takes any adverse action based upon that information.

(3) The person whose confidentiality was violated by an inquiry or adverse action under this subsection may bring a private civil action for appropriate relief, including reasonable attorney fees, for each violation that occurs.

SECTION 2. For purposes of designing and establishing the [STATE] Do Not Sell List on a secure internet-based platform, this act shall take effect upon becoming a law, the public welfare requiring it. For all other purposes, this act shall take effect on [DATE], the public welfare requiring it.

 

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