Gun Trafficker Detection Act

Gun Trafficker Detection Act

This bill requires gun owners to report the theft or loss of a firearm to law enforcement. It imposes criminal penalties on a violator.

The bill also establishes a private right of action for a person injured by a firearm that is the subject of a violation.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5866 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 5866

 To require lost or stolen firearms to be reported to law enforcement 
          authorities within 48 hours, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 12, 2020

  Mr. Casten of Illinois (for himself, Ms. Kelly of Illinois, and Mr. 
   Deutch) introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To require lost or stolen firearms to be reported to law enforcement 
          authorities within 48 hours, 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 ``Gun Trafficker Detection Act''.

SEC. 2. REPORTING OF LOST OR STOLEN FIREARMS TO LAW ENFORCEMENT 
              AUTHORITIES.

    (a) Reporting Requirement.--Section 922 of title 18, United States 
Code, is amended by adding at the end the following:
    ``(aa) Within 48 hours after a person not licensed under this 
chapter who owns a firearm that has been shipped or transported in, or 
has been possessed in or affecting, interstate or foreign commerce, 
discovers or should have discovered the theft or loss of the firearm, 
the person shall report the theft or loss to the Attorney General and 
local law enforcement authorities.''.
    (b) Penalties.--
            (1) In general.--Section 924 of such title is amended by 
        adding at the end the following:
    ``(r) Whoever violates section 922(aa) shall--
            ``(1) in the case of the 1st violation by the person, be 
        guilty of a class C misdemeanor;
            ``(2) in the case of the 2nd violation by the person, be 
        guilty of a class B misdemeanor; or
            ``(3) in the case of the 3rd or subsequent violation by the 
        person, be guilty of a class E felony.''.
            (2) Prohibition on firearm receipt after multiple 
        convictions.--
                    (A) Prohibition.--Section 922 of such title, as 
                amended by subsection (a) of this section, is amended 
                by adding at the end the following:
    ``(bb)(1) It shall be unlawful for a person who has been twice 
convicted in any court of a violation of section 922(aa) to receive a 
firearm during the 1-year period that begins with the date of the most 
recent such conviction.
    ``(2) It shall be unlawful for a person who has been thrice 
convicted in any court of a violation of section 922(aa) to receive a 
firearm during the 5-year period that begins with the date of the most 
recent such conviction.''.
                    (B) Penalties.--Section 924(a)(2) of such title is 
                amended by striking ``or (o)'' and inserting ``(o), or 
                (bb)''.
    (c) Updating of National Instant Criminal Background Check 
System.--
            (1) In general.--Within 6 months after the date of the 
        enactment of this Act, the Attorney General shall promulgate 
        such rules as are necessary to ensure that the national instant 
        criminal background check system takes account of section 
        922(bb) of title 18, United States Code, in performing the 
        functions of the system.
            (2) Conforming amendments.--
                    (A) The following provisions of section 103 of the 
                Brady Handgun Violence Prevention Act (34 U.S.C. 40901) 
                are each amended by striking ``(g) or (n)'' each place 
                it appears and inserting ``(g), (n), or (bb)'':
                            (i) Subparagraphs (A), (C), (F)(iii)(I), 
                        and (G)(i) of subsection (e)(1).
                            (ii) Subsection (g).
                            (iii) Subsection (i)(2).
                    (B) The following provisions of title 18, United 
                States Code, are each amended by striking ``(g) or 
                (n)'' and inserting ``(g), (n), or (bb)'':
                            (i) Section 922(t)(1)(B)(ii).
                            (ii) Section 922(t)(2).
                            (iii) Section 922(t)(4).
                            (iv) Section 922(t)(5).
                            (v) Section 923(g)(3)(B).
                            (vi) Section 925A(2).

SEC. 3. PRIVATE RIGHT OF ACTION FOR DAMAGES RESULTING FROM INJURY 
              CAUSED BY AN UNREPORTED STOLEN OR LOST FIREARM.

     A person who suffers an injury proximately caused by a firearm 
that is the subject of a violation of section 922(aa) of title 18, 
United States Code, may bring an action in a United States district 
court against the violator for damages resulting from the injury. The 
court shall award a plaintiff prevailing in such an action all 
appropriate damages, including injunctive relief.

SEC. 4. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall take effect 90 
days after the date of the enactment of this Act.
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