Here is model language that captures the core idea of the proposal. For a complete model bill, please contact me.
Model Statutes for Voluntary Firearm Self-Restriction
Version 1: Donna’s Law
SYNOPSIS: Under current law, people who fear that they may become a risk to themselves or others are not allowed to restrict their legal ability to purchase firearms.
This bill would authorize people to add their own names into the background check system to protect themselves and others against impulsive gun violence.
BE IT ENACTED BY THE LEGISLATURE OF [STATE]:
Section 1. (a) [The STATE AGENCY RESPONSIBLE FOR NICS REPORTING] within one year of the passage of this Act shall develop and launch a secure Internet-based platform to allow any person residing in [STATE] to register to add their name to the “[STATE] Do-Not-Sell List.”
(b) The [AGENCY] shall ensure that this Internet-based platform credibly (i) verifies the identity of any persons who opt to register, (ii) prevents unauthorized disclosures of any registering persons, and (iii) informs the individual of the legal effects of registration.
(c) The [AGENCY] within six months of the passage of this Act shall develop and widely distribute a hard-copy form to allow any resident to register to add their name to the “[STATE] Do-Not-Sell List” and a form to request removal. The forms may be (i) submitted in person at a county clerk’s office with government-issued photo identification, (ii) mailed to the [AGENCY] with a copy of government-issued photo identification, or (iii) texted to the [AGENCY] with a copy of government-issued photo identification and a selfie.
(d) In addition, the Internet-based platform and registration form shall provide registrants with an email notification option that shall allow registered individuals to identify at the time of registration or thereafter one or more email addresses. The [AGENCY] shall notify any such email addressees if the individual subsequently seeks to remove his or her name. Providing email contact information constitutes an express authorization of such use of records.
Section 2. Once the Internet-based platform becomes operative and/or forms are made available, any person may request to be added to the “[STATE] Do-Not-Sell List.” The [AGENCY] shall on an ongoing basis forward registry information to the Federal Bureau of Investigation to be entered into the NICS Index Denied Persons File, and to any other state that adopts an analogous “Do-Not-Sell List.”
Section 3. Registering for the “[STATE] Do-Not-Sell List” or registering in any other state that adopts an analogous “Do-Not-Sell List” renders receipt of a firearm illegal in [STATE]. Transfer of a firearm to a person on the “[STATE] Do-Not-Sell List” by any person or entity required to perform a background check, either knowingly or due to a failure to perform a background check, is punishable by a fine up to $10,000 and/or imprisonment for no more than one year.
Section 4. (a) A person who has registered with the “[STATE] Do-Not-Sell List” may subsequently request that his or her name be removed from the registry by one of the same methods as provided for registration. The [AGENCY] shall wait twenty-one days after receipt before notifying the FBI to remove the requesting person from the NICS Index Denied Persons File and then the [AGENCY] shall purge any and all records of the sign-up, transactions, and removal.
(b) A person who has registered with the “[STATE] Do-Not-Sell List” may deregister by applying for immediate deregistration to [AN APPROPRIATE STATE COURT] and proving by a preponderance of the evidence that he or she is not likely to act in a manner dangerous to public safety (including danger to self) in a proceeding where any public official or interested party may also present evidence.
Section 5. A person who knowingly makes a false statement regarding their identity on the Internet-based platform or on any hard-copy form is guilty of false swearing under [CITE RELEVANT SECTION].
Section 6. (a) In employment, education, government benefits, and contracting, it shall be illegal to inquire whether an individual under this Section has requested to be added to or removed from the “[STATE] Do-Not-Sell List” and it shall be illegal to take action based on such information.
(b) Individuals or organizations who learn, from the “[STATE] Do-Not-Sell List” or otherwise, the identity of someone who has requested to be added to or removed from the registry shall have a duty not to disclose that information to others unless the individual or organization receives separate nonregistry authorization from the waiving individual to share that information. Violation of this Section shall be criminally punishable by a fine of up to $10,000 and/or imprisonment for no more than one year.
Section 7. A person presenting in an acute-care hospital or a satellite emergency facility for a probable suicide attempt should, as a non-binding matter of best practice, be presented with the opportunity of registering on the Internet-based “[STATE] Do-Not-Sell List.” Any suicide hotline maintained or operated by any entity funded in whole or part by the state should generally, as a non-binding matter of best practice, inform callers about the opportunity of registering with the “[STATE] Do-Not-Sell List.” All Department of Motor Vehicle offices serving the public shall offer individuals the opportunity of registering on the “[STATE] Do-Not-Sell List.” The Board of Counseling, Board of Medicine, Board of Nursing, and Board of Psychology shall notify all licensees of the existence of the “[STATE] Do-Not-Sell List” created by this act within 60 days after the effective date of this act.
Section 8. The [STATE PUBLIC HEALTH AGENCY] shall develop and implement a publicity and advertising campaign that, at a minimum, provides the public with information about the “[STATE] Do-Not-Sell List,” how an individual may register, and contacts for additional information regarding the list.
Version 2: Associational Marketplace Extension
SYNOPSIS: Under current law, people who fear that they may become a risk to themselves or others are not allowed to restrict their legal ability to purchase firearms.
This bill would authorize people to add their own names into the background check system to protect themselves and others against impulsive gun violence.
BE IT ENACTED BY THE LEGISLATURE OF [STATE]:
Section 1. [The STATE AGENCY RESPONSIBLE FOR NICS REPORTING] within one year of the passage of this Act shall develop and launch a secure Internet-based platform to allow any person residing in [STATE] to register to add their name to the “[STATE] No Guns Registry.”
(a) The [AGENCY] shall ensure that this Internet-based platform credibly (i) verifies the identity of any persons who opt to register, (ii) prevents unauthorized disclosures of any registering persons, and (iii) informs the individual of the legal effects of registration.
[(b) The [AGENCY] within six months of the passage of this Act shall develop and widely distribute a hard-copy form to allow any resident to register to add their name to the “[STATE] No Guns Registry” and a form to request removal. The forms may be (i) submitted in person at a county clerk’s office with government-issued photo identification, (ii) mailed to the [AGENCY] with a copy of government-issued photo identification, or (iii) texted to the [AGENCY] with a copy of government-issued photo identification and a selfie.]
(b) In addition, the Internet-based platform and registration form shall provide registrants with an email notification option that shall allow registered individuals to identify at the time of registration or thereafter one or more email addresses. The platform and form will separately ask whether a registrant wishes to provide the email addresses of his or her physician or health care provider. The [AGENCY] shall notify any such email addressees that the individual has registered his or her name with the “[STATE] No Guns Registry” and has thereby waived his or her right to bear arms, and the [AGENCY] shall also notify any such addressees if the individual subsequently seeks to rescind his or her waiver. Providing email contact information constitutes an express authorization of such use of records.
Section 2. Once the Internet-based platform becomes operative and forms are made available, any person may request to be added to the “[STATE] No Guns Registry.” The [AGENCY] shall on an ongoing basis forward registry information to the Federal Bureau of Investigation to be entered into the NICS Index Denied Persons File, and to any other state that adopts an analogous “No Guns Registry.”
Section 3. Registering for the “[STATE] No Guns Registry” or registering in any other state that adopts an analogous “No Guns Registry” renders possession of a firearm illegal in [STATE]. If a person is in the NICS due to registering in [STATE] or in another state, receipt of a firearm from a person or entity required to perform a background check violates [STATE] law. Knowing possession of a firearm by a person validly registered on the “No Guns Registry” is punishable by a fine of up to $500. Transfer of a firearm to a person on the “[STATE] No Guns Registry” by any person or entity required to perform a background check, either knowingly or due to a failure to perform a background check, is punishable by a fine up to $10,000 and/or imprisonment for no more than one year.
Section 4. A person who has registered with the “[STATE] No Guns Registry” may subsequently request that his or her name be removed from the registry by one of the same methods as provided for registration. [A request for removal must be accompanied by a declaration from a health care provider that the registered person is not an imminent danger to self or others.] The [AGENCY] shall wait twenty-one days after receipt before notifying the FBI to remove the requesting person from the NICS Index Denied Persons File and then the [AGENCY] shall purge any and all records of the sign-up, transactions, and removal. A person who has registered with the “[STATE] No Guns Registry” may deregister by applying for immediate deregistration to a Superior Court and proving by a preponderance of the evidence that he or she is not likely to act in a manner dangerous to public safety (including danger to self) in a proceeding where any public official or interested party may also present evidence.
Section 5. A person who knowingly makes a false statement regarding their identity on the Internet-based platform or on any hard-copy form is guilty of false swearing under [CITE RELEVANT SECTION].
Section 6. (a) In employment, education, government benefits, and contracting, it shall be illegal to inquire whether an individual under this section has requested to be added to or removed from the “[STATE] No Guns Registry” and it shall be illegal to take action based on such information. However, notwithstanding the foregoing prohibition, it shall not be illegal for an insurer with regard to life, homeowners’, or renter’s insurance to inquire or base the terms, premia, or issuance of insurance on such information. Nor shall it be illegal for a cotenant, landlord, homeowners’ association, or condominium association to condition terms of ownership, tenancy, occupancy, or status as an invitee on such information.
(b) Individuals or organizations who learn, from the “[STATE] No Guns Registry” or otherwise, the identity of someone who has requested to be added to or removed from the registry shall have a duty not to disclose that information to others unless the individual or organization receives separate nonregistry authorization from the waiving individual to share that information. Violation of this section shall be criminally punishable by a fine of up to $10,000 and/or imprisonment for no more than one year.
Section 7. A person presenting in an acute-care hospital or a satellite emergency facility for a probable suicide attempt should, as a non-binding matter of best practice, be presented with the opportunity of registering on the Internet-based “[STATE] No Guns Registry.” Any suicide hotline maintained or operated by any entity funded in whole or part by the state should generally, as a non-binding matter of best practice, inform callers about the opportunity of registering with the registry. All Department of Motor Vehicle offices serving the public shall offer individuals the opportunity of registering on the Internet-based “[STATE] No Guns Registry.” The Board of Counseling, Board of Medicine, Board of Nursing, and Board of Psychology shall notify all licensees of the existence of the “[STATE] No Guns Registry” created by this act within 60 days after the effective date of this act.
Section 8. The [STATE PUBLIC HEALTH AGENCY] shall develop and implement a publicity and advertising campaign that, at a minimum, provides the public with information about the registry, how an individual may register, and contacts for additional information regarding the list.
Self-Defense Against Suicide 