Domestic Violence SAFE Notice Act

This Act may be cited as the “Domestic Violence Survivors Alerted For Emergency Notice Act” or the “Domestic Violence SAFE Notice Act”.

(a) In general.— Chapter 44 of title 18, United States Code, is amended by inserting after section 925D the following:

“925E. Notification to firearms access victim notification system of prohibited purchase or attempted purchase of a firearm.—

(a) Establishment.—

(1) Victim notification system.—

(A) In general.— The Federal Bureau of Investigation shall, in consultation with appropriate State, local, and Tribal agencies, including agencies responsible for management of criminal history records and victim notification systems, establish a firearms access victim notification system to notify crime victims (as defined in section 3771(e)(2)) harmed by offenses under section 117, 1591, 2261, 2261A, or 2262 (hereinafter referred to as crime victims) who have registered to be notified, as provided by this section, of firearms-related activity by the offender. This system shall allow victims of such crimes to register for notifications and to deregister at will. Victim information provided for use in the firearms access victim notification system shall only be used for firearms access notification purposes.

(B) Clarification with respect to pardoned offenders.— Notification to a crime victim under subparagraph (A) shall—

(i) not apply with respect to firearms-related activity by an offender who has received a pardon or restoration of rights with respect to the offense pursuant to which the crime victim registered to receive such notifications; and

(ii) still apply with respect to firearms-related activity by an offender who has received a pardon or restoration of rights with respect to an offense other than the offense pursuant to which the crime victim registered to receive such notifications.

(2) Legal guardians and representatives; related offenders.—

(A) In general.— In the event that a crime victim is under 18 years of age, incompetent, or incapacitated, the victim notification system under paragraph (1) shall allow the legal guardians of the crime victim, or any other persons permitted by law to represent the crime victim, to register and deregister for notification and send relevant notifications to such legal guardian or representative as if such legal guardian or representative were a crime victim for purposes of the victim notification system.

(B) Exception.— In no event shall an offender against a crime victim be permitted to serve as the legal guardian or representative for the crime victim under subparagraph (A).

(b) Registration.—

(1) Registration requirements.— No individual shall be registered to be notified under this section unless such individual provides to the firearms access victim notification system—

(A) registration with the Victim Notification System established under section 20101(d) of title 34, United States Code, shall be sufficient to verify an individual’s eligibility to register under this section; or

(B) all information necessary, as determined by the Attorney General, to verify the eligibility of such individual to register to be notified under subsection (a).

(2) Qualifying offenders.— Upon registration of a crime victim under subsection (a), the firearms access victim notification system shall provide to the National Instant Criminal Background Check System the names of any offender against such crime victim covered by subsection (a)(1).

(c) Notification to firearms access victim notification system.—

(1) In general.— In the case of a background check on an offender described in subsection (a)(1) conducted by the National Instant Criminal Background Check System established under section 103 of the Brady Handgun Violence Prevention Act (34 U.S.C. 40901), pursuant to the request of a licensed importer, licensed manufacturer, or licensed dealer of firearms, that determines the receipt of a firearm by the individual would be unlawful:

(A) The National Instant Criminal Background System shall notify the firearms access victim notification system of the attempted firearm acquisition.

(B) If such determination is made after 3 business days, or more than 3 days if the number of days under State law within which the determination must be made is greater, after which time a firearm can be transferred, or, in the case that the offender is less than 21 years of age, the number of days under section 103(l) of the Brady Handgun Violence Prevention Act (34 U.S.C. 40901(l)) within which the determination must be made, have elapsed since the licensee contacted the system and a firearm has been transferred to that offender—

(i) the National Instant Criminal Background System shall notify the firearms access victim notification system that the offender possesses a firearm; and

(ii) the Bureau of Alcohol, Tobacco, Firearms and Explosives shall notify the firearms access victim notification system upon retrieval of firearms transferred as described in this subsection.

(C) If an attempted firearm acquisition results in the arrest of the offender by a Federal law enforcement agency, the agency shall notify the firearms access victim notification system.

(D) If such determination is reversed upon appeal, the National Instant Criminal Background Check System shall notify the firearms access victim notification system. In the event that the reversal is due to a finding that the individual who attempted to purchase the firearm was not the offender, the notification shall include the reason for the reversal.

(2) Pardons.— In the case of a Presidential pardon of an offender for an offense under section 1591, 2261, 2261A, or 2262, the Office of the Pardon Attorney of the Department of Justice shall notify the firearms access victim notification system.

(3) Relief from disabilities.— In the case of a successful application or petition for relief from disabilities under section 925(c), the Attorney General shall notify the firearms access victim notification system.

(d) Notifications to crime victims.—

(1) In general.— The firearms access victim notification system shall notify the crime victim upon receipt of information described in subsection (c)(1), (c)(2), or (c)(3). In the case of a notification under subsection (c)(2) or (c)(3), the notification shall include a statement that the pardoned or relieved individual is no longer prohibited from possessing firearms due to the pardoned offense or offense for which the individual successfully applied or petitioned for relief under section 925(c), although the individual may be prohibited due to other offenses. A notification issued pursuant this paragraph shall include contact information for the hotline described in section 313 of the Family Violence Prevention and Services Act (42 U.S.C. 10413).

(2) Retention of information.— The firearms access victim notification system shall retain any information transmitted from the National Instant Background Check System pursuant to subsection (c) for no longer than 24 hours following the issuance of a notification to a crime victim under paragraph (1).

(e) Annual notices.— The firearms access victim notification shall annually send a notice to crime victims to inform them that they are registered to receive notifications under this section.

(f) Outreach.— The Attorney General shall conduct necessary outreach to victims of crimes described in section 117, 1591, 2261, 2261A, or 2262, to educate crime victims about their right to register or deregister for the firearms access victim notification system. Upon the conviction of an offender for 1 or more of these crimes, the prosecuting attorney shall notify the crime victim of their ability to register or deregister for the firearms access victim notification system. Crime victims shall be informed upon registration with the firearms access victim notification system of the conditions under which an attempt by an offender or respondent to purchase a firearm will result in the crime victim receiving a notification.

(g) Rules of construction.— Nothing in this section may be construed to create any right or benefit, substantive or procedural, enforceable at law or in equity by any party, against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

(h) Authorization of appropriations.— There are authorized to be appropriated such sums as are necessary to carry out this section.”.

(b) Clerical amendment.— The table of sections for chapter 44 of title 18 is amended by inserting after the item relating to section 925D the following:

(a) In general.— Chapter 44 of title 18, United States Code, as amended by section 2 of this Act, is amended by inserting after section 925E the following:

“925F. Pilot program for reporting of background check denials and status changes to State victim notification systems.—

(a) Definitions.— In this section:

(1) Eligible entity.— The term eligible entity means a State or Tribe with a victim notification system.

(2) Offender.— The term offender means an individual who is—

(A) convicted of a prohibiting domestic violence offense; or

(B) under indictment for a domestic violence offense under Federal, State, local, or Tribal law punishable by imprisonment for a term exceeding 1 year.

(3) Partial point of contact State.— The term partial point of contact State means a State in which State agencies and the National Instant Criminal Background Check System share responsibility for conducting firearms background checks.

(4) Point of contact State.— The term point of contact State means a State that has elected to have State agencies conduct all firearms background checks.

(5) Prohibiting domestic violence court order.— The term prohibiting domestic violence court order means—

(A) a court order described in section 922(g)(8);

(B) a domestic violence court order (as defined by the laws of the applicable jurisdiction), that restricts the respondent from purchasing, possessing, or receiving firearms or a certain type of firearm under the laws of such jurisdiction; or

(C) a domestic violence court order (as defined by the laws of the applicable jurisdiction) that, by its terms, restricts the respondent from purchasing, possessing, or receiving firearms or a certain type of firearm.

(6) Prohibiting domestic violence offense.— The term prohibiting domestic violence offense means a domestic violence offense that restricts the offender from purchasing or possessing or receiving firearms under the laws of the applicable jurisdiction.

(7) Qualifying prohibiting domestic violence offense.— The term qualifying prohibiting domestic violence offense means an offense under Federal law or the laws of the applicable jurisdiction that, as determined by such jurisdiction, qualify as a prohibiting domestic violence offense for the purposes of this section.

(8) Respondent.— The term respondent means an individual subject to a prohibiting domestic violence court order.

(9) Victim.— The term victim—

(A) means a victim of a prohibiting domestic violence offense;

(B) includes an individual protected by a prohibiting domestic violence court order; and

(C) with respect to registration for, deregistration from, or receipt of a notification from a victim notification system, includes a legal guardian of, or another person authorized by law to represent, an individual described in subparagraph (A) or (B) who is a minor, except that such legal guardian or representative may not be an offender against, or a respondent subject to a prohibiting domestic violence court order for an offense against, such individual described in subparagraph (A) or (B).

(10) Victim notification system.— The term victim notification system means—

(A) a system described in section 1404E of the Victims of Crime Act of 1984 (34 U.S.C. 20108), or a system designed to notify victims of any actions relating to such court order, that has the capacity to reconcile the data of a victim and an offender or respondent and to maintain confidentiality of the victim; and

(B) which—

(i) does not apply with respect to firearms-related activity by an offender who has received a pardon or restoration of rights with respect to the offense pursuant to which the victim registered to receive such notifications; and

(ii) still applies with respect to firearms-related activity by an offender who has received a pardon or restoration of rights with respect to an offense other than the offense pursuant to which the victim registered to receive such notifications.

(b) Grants.—

(1) In general.— The Attorney General, acting through the Office on Victims of Crime, shall make grants to eligible entities to upgrade the victim notification systems of the eligible entities to carry out the activities described in subsection (c).

(2) Purpose.— The purpose of the grants described in paragraph (1) is to enable State or Tribal victim notification systems to notify victims of an attempt by an offender or respondent to acquire a firearm if a background check is conducted by the National Instant Criminal Background Check System or appropriate State agency pursuant to the request of a licensed importer, licensed manufacturer, or licensed dealer of firearms that determines that the receipt of a firearm by a person would violate Federal, State, local, or Tribal law due to a prohibiting domestic violence offense or prohibiting domestic violence court order.

(3) Distribution.— In awarding the grants described in paragraph (1), the Attorney General, acting through the Office on Victims of Crime, shall, to the extent practicable, select a diverse mix of eligible entities so as to maximize the ability of the grants, on the whole, to help identify issues and determine the efficacy of permanent programs in all jurisdictions.

(c) Activities.—

(1) Required activities.— An eligible entity receiving a grant under this section shall use the grant funds to—

(A) build the capacity of or establish a victim notification system—

(i) by which victims shall—

(I) be able to voluntarily register for or deregister from at any time;

(II) be given the option to remain registered with the system upon the completion of the sentence of the offender in the case of a prohibiting domestic violence offense if the victims were added to the victim notification system due to the incarceration of the offender;

(III) be informed upon registration with the system of the conditions under which an attempt by an offender or respondent to purchase a firearm will result in the victim receiving a notification; and

(IV) receive annual notice that they are registered to receive notifications through the victim notification system; and

(ii) in consultation with stakeholders, including State or Tribal domestic violence coalitions, domestic violence service providers, and culturally specific programs;

(B) establish a mechanism by which the victim notification system can receive reports, consistent with State law, from—

(i) the National Instant Criminal Background Check System or, in the case of a point of contact State or partial point of contact State, the appropriate State agency that—

(I) an offender or respondent attempted to acquire a firearm if a background check conducted pursuant to the request of a licensed importer, licensed manufacturer, or licensed dealer of firearms determines that the receipt of a firearm by the offender or respondent would violate Federal, State, local, or Tribal law due to a prohibiting domestic violence offense or a prohibiting domestic violence court order; or

(II) a firearm has been transferred to the offender or respondent if the determination described in subclause (I) is made after—

(aa) 3 business days;

(bb) more than 3 business days if the number of days under State law within which the determination must be made is greater, after which time a firearm can be transferred have elapsed since the licensee contacted the system or State agency; or

(cc) in the case the offender or respondent is less than 21 years of age, the number of days under section 103(l) of the Brady Handgun Violence Prevention Act (34 U.S.C. 40901(l)) within which the determination must be made;

(ii) the Bureau of Alcohol, Tobacco, Firearms and Explosives or appropriate State agency that a firearm transferred as described in clause (i)(II) is retrieved;

(iii) an applicable law enforcement agency if an attempted firearm acquisition results in the arrest of the offender by such agency;

(iv) the National Instant Criminal Background Check System or appropriate State or Tribal agency that—

(I) a determination that receipt of the firearm by a person would violate Federal, State, local, or Tribal law due to a prohibiting domestic violence offense or a prohibiting domestic violence court order is reversed upon appeal; and

(II) the reason for a reversal described in subclause (I) if the reversal is due to a finding that the individual who attempted to purchase the firearm was not the offender or the respondent;

(v) appropriate Federal, State, or Tribal agencies that—

(I) the conviction for the prohibiting domestic violence offense is expunged or set aside;

(II) the person has been pardoned for the offense or has had civil rights restored unless the pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms; or

(III) the person has been granted relief from Federal, State, or Tribal firearms disabilities but that such person may still be prohibited from possessing firearms due to other offenses or disqualifying court orders;

(vi) appropriate Federal, State, or Tribal agencies that a disqualifying record is removed from the National Instant Criminal Background Check System or State or Tribal database due to the expiration of a time-limited Federal, State, or Tribal firearm restriction; or

(vii) as relevant, information provided by licensed dealers;

(C) improve the ability of the relevant Federal, State, or Tribal agencies to notify a victim pursuant to a report received under subparagraph (B);

(D) notify victims of reports received pursuant to subparagraph (B), including providing—

(i) the contact information for the hotline described in section 313 of the Family Violence Prevention and Services Act (42 U.S.C. 10413); and

(ii) information about relevant State-based or Tribal-based resources;

(E) provide training for judges, judicial personnel, domestic violence advocates, prosecutors, law enforcement, attorneys, and others on notifying victims of their ability to register with the victim notification system and of registration procedures;

(F) periodically review and update as necessary the list of qualifying prohibiting domestic violence offenses submitted pursuant to subsection (d)(3); and

(G) develop best practices for carrying out the requirements in this subsection.

(2) Optional activities.— Eligible entities receiving grants under this section may use the grant funds to take other such actions as are necessary to enable State victim notification systems to notify victims of an attempt of an offender or respondent to acquire a firearm.

(3) Timeline.— An eligible entity that receives a grant under this section shall—

(A) implement the mandatory activities under paragraph (1) not later than 3 years after receiving the grant; and

(B) continue the victim notification system for not fewer than 3 years.

(d) Application.— An eligible entity shall submit an application to the Attorney General that includes—

(1) a description of the existing victim notification system, including—

(A) in what agency the victim notification system resides;

(B) a description of the circumstances in which victims are currently added to the victim notification system; and

(C) the manner in which victims are notified through the victim notification system;

(2) an initial list of entities that will be involved in establishing the process by which victims can register with the victim notification system and deregister from the victim notification system;

(3) an initial list of qualifying prohibiting domestic violence offenses within the jurisdiction of the entity; and

(4) any other information required by the Attorney General.

(e) Report to Attorney General.—

(1) Initial report.— Not later than 2 years after receiving a grant under this section, an eligible entity shall submit to the Attorney General a report that details the plan of the entity for implementation of the program under subsection (c).

(2) Subsequent reports.—

(A) In general.— Not later than 1 year after implementing the victim notification system under subsection (c), and not later than 2 years thereafter, an eligible entity shall submit to the Attorney General reports that describe the victim notification system implemented under subsection (c), including with respect to—

(i) viability;

(ii) cost;

(iii) use;

(iv) challenges; and

(v) best practices for implementing the victim notification system.

(B) Contents of final report.— An eligible entity shall include in the second report submitted under subparagraph (A) recommendations for future nationwide implementation of the program implemented by the eligible entity.

(3) Report to Congress.— Not later than 1 year after the Attorney General receives all reports under paragraphs (1) and (2), the Attorney General shall submit to Congress a report analyzing the information received in such reports that includes—

(A) a description of challenges encountered;

(B) recommendations for Congress to improve or expand the grant program under this section; and

(C) an analysis of the feasibility of using a single, federally operated notification system.

(f) Authorization of appropriations.— In addition to any amounts otherwise appropriated to the Crime Victims Fund, there is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2027 through 2031.

(g) Reports.— As relevant, the Federal Bureau of Investigation, through the National Instant Criminal Background Check System, and the Bureau of Alcohol, Tobacco, Firearms and Explosives shall provide the reports described in subsection (c)(1)(B) to recipients of a grant under this section not later than 24 hours after an event requiring the provision of such report.

(h) Rule of construction.— Nothing in this section may be construed to create any right or benefit, substantive or procedural, enforceable at law or in equity by any party, against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.”.

(b) Clerical amendment.— The table of sections for chapter 44 of title 18, United States Code, as amended by section 2 of this Act, is amended by inserting after the item relating to section 925E the following:

Nothing in this Act, or the amendments made by this Act, shall be construed to affect an individual’s right to possess, receive, ship, or transport a firearm that is otherwise permitted by law.