Homemade Firearms Accountability Act of 2014 - Amends the federal criminal code to authorize a person who has attained age 18 and desires to make a handgun, or to obtain a unique serial number or other identifying mark for a handgun made by the person after 1968, to request a licensed firearms dealer to issue such serial number or identifying mark for such handgun. Treats such request as a proposed transfer of the firearm from the dealer to the applicant for purposes of National Instant Criminal Background Check System provisions.
Allows a licensed dealer to: (1) issue such serial number and identifying mark if federal firearms provisions would not prohibit the dealer from transferring the firearm to the applicant, and (2) charge an applicant a fee for the costs of issuing each serial number and identifying mark and contacting the System.
Prohibits a person from: (1) making a firearm unless the person has obtained a serial number and identifying mark under this Act, or (2) possessing or transferring a firearm made by the person after 1968 (with exceptions) unless a serial number and identifying mark have been issued under this Act and are stamped on or otherwise permanently affixed to the firearm within 10 days after issuance. Requires any such firearm that is made from polymer plastic to be imbedded with 3.7 ounces of material type 17-4 PH stainless steel on which the serial number or identifying mark is permanently affixed.
Directs the Attorney General to maintain, and make available on request, information on: (1) the number of serial numbers and identifying marks issued under this Act, and (2) the number of arrests for violations of this Act.
Sets penalties for violating this Act.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5606 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 5606
To amend chapter 44 of title 18, United States Code, to require
homemade firearms to have serial numbers, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 18, 2014
Mr. Honda (for himself, Ms. Bass, Mr. Waxman, Mr. Conyers, Ms. Lee of
California, Mr. Swalwell of California, Ms. Schakowsky, Mr. Grijalva,
Mr. Lowenthal, and Mr. Cicilline) introduced the following bill; which
was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend chapter 44 of title 18, United States Code, to require
homemade firearms to have serial numbers, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Homemade Firearms Accountability Act
of 2014''.
SEC. 2. REQUIREMENT THAT HOMEMADE FIREARMS HAVE SERIAL NUMBERS.
(a) In General.--Chapter 44 of title 18, United States Code, is
amended by inserting after section 923 the following:
``Sec. 923A. Serial numbers for homemade firearms
``(a) Request.--A person who has attained 18 years of age and
desires to make a firearm, or obtain a unique serial number or other
identifying mark for a firearm made by the person after 1968, may
request a licensed dealer to issue a unique serial number or other
identifying mark for the firearm, which request shall describe the
firearm involved, and state whether the firearm will be (or is) a
handgun.
``(b) Consideration.--
``(1) Treatment of request as transfer proposal.--A request
made of a licensed dealer pursuant to subsection (a) with
respect to a firearm shall be treated as a proposed transfer of
the firearm from the licensed dealer to the applicant, for
purposes of section 922(t) of this title and section 103 of the
Brady Handgun Violence Prevention Act.
``(2) Issuance of serial number.--A licensed dealer may
issue to an applicant a unique serial number and identifying
mark for a firearm pursuant to such a request if, applying
paragraph (1) of this subsection to the request, section 922(t)
or other law would not prohibit the licensed dealer from
transferring the firearm to the applicant.
``(3) Fee authority.--A licensed dealer may charge an
applicant a fee for each serial number and identifying mark
assigned and issued under this section, in an amount that is
not more than the actual costs associated with assigning and
issuing the serial number and identifying mark, and a fee for
contacting the national instant criminal background check
system with respect to the applicant.
``(c) Prohibitions; Requirements.--
``(1) Ban on making firearm before obtaining serial
number.--It shall be unlawful for any person, in or affecting
interstate or foreign commerce, to make a firearm, unless the
person has obtained a serial number and identifying mark for
the firearm under this section.
``(2) Ban on possession or transfer of firearm without
serial number.--It shall be unlawful for any person, in or
affecting interstate or foreign commerce, to possess or
transfer a firearm made by the person after 1968, unless--
``(A) a serial number and identifying mark for the
firearm has been issued under this section;
``(B) within 10 days after the issuance, the serial
number and identifying mark is stamped on or otherwise
permanently affixed to the firearm; and
``(C) if the firearm is made from polymer plastic,
3.7 ounces of material type 17-4 PH stainless steel, on
which the unique serial number or identifying mark is
stamped or otherwise permanently affixed, are embedded
within the plastic.
``(3) Exceptions.--This subsection shall not apply to--
``(A) a firearm to which a serial number has been
assigned pursuant to section 923 of this title or
chapter 53 of the Internal Revenue Code of 1986; or
``(B) a licensed manufacturer.
``(d) Administrative Provision.--The Attorney General shall
maintain, and make available on request, information on--
``(1) the number of serial numbers and identifying marks
issued under this section; and
``(2) the number of arrests for violations of this
section.''.
(b) Penalties.--Section 924(a) of such title is amended--
(1) in paragraph (5), by adding at the end the following:
``For purposes of this paragraph, the issuance of a serial
number and identifying mark for a firearm in violation of
section 923A shall be considered a transfer of the firearm in
violation of section 922(t).''; and
(2) by adding at the end the following:
``(8) Whoever knowingly violates section 923A(c) shall be fined
under this title, imprisoned not more than 6 months (or, if the firearm
involved in the violation is a handgun, 1 year), or both.''.
(c) Clerical Amendment.--The table of sections for chapter 44 of
such title is amended by inserting after the item relating to section
923 the following:
``923A. Serial number requirement for homemade firearms.''.
(d) Effective Date.--The amendments made by this section shall take
effect on January 1, 2016.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
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