Gun Trafficker Detection Act
This bill requires gun owners to report the theft or loss of a firearm to law enforcement. It imposes civil monetary penalties on a violator.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5245 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 5245
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
September 14, 2021
Mr. Casten (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.--
(1) In general.--Section 922 of title 18, United States
Code, is amended by adding at the end the following:
``(aa)(1) 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. If
the report to the Attorney General is not submitted through a web
portal created by the Attorney General for such purpose, the person
shall report the theft or loss to local law enforcement authorities.
``(2) Within 72 hours after the Attorney General receives a report
through the web portal pursuant to paragraph (1), the Attorney General
shall notify the chief law enforcement officer of the jurisdiction in
which the theft or loss occurred of the name and address of the
reporting person.''.
(2) Creation of web-based portal for reporting.--Within 180
days after the date of the enactment of this Act, the Attorney
General shall create a web-based electronic portal, which
members of the public may use to report the theft or loss of a
firearm to the Attorney General pursuant to section 922(aa) of
title 18, United States Code, that includes a notice to users
of the penalties under section 924(a)(1) of such title for
knowingly making a false statement or representation in such a
report.
(3) Penalties.--Section 924 of such title is amended by
adding at the end the following:
``(q) With respect to a violation of section 922(aa), the Attorney
General shall, after notice and opportunity for a hearing--
``(1)(A) in the case of a first violation, subject the
person to a civil money penalty of not more than $1,000; or
``(B) in the case of a second or subsequent violation,
subject the person to a civil money penalty of not more than
$5,000; and
``(2) in the case of any violation, notify the person of
the prohibitions set forth in section 922(bb).''.
(b) Prohibition on Firearm Receipt After Multiple Convictions.--
(1) In general.--Section 922 of such title, as amended by
subsection (a)(1) 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
assessed a civil money penalty under section 924(q) to receive a
firearm during the 1-year period that begins with the date of the most
recent such assessment.
``(2) It shall be unlawful for a person who has been thrice
assessed a civil money penalty under section 924(q) to receive a
firearm during the 5-year period that begins with the date of the most
recent such assessment.''.
(2) Penalties.--Section 924(a)(5) of such title is amended
by striking ``or (t)'' and inserting ``(t), or (bb)''.
(c) Prohibition on False Reporting.--Section 924(a)(1)(A) of such
title is amended by striking ``chapter or'' and inserting ``chapter, in
reporting a lost or stolen firearm pursuant to section 922(aa), or''.
(d) 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--
(A) 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; and
(B) all persons licensed under chapter 44 of such
title provide notice of the penalties for violations of
section 922(aa) of such title to any person not so
licensed who acquires a firearm from the licensee.
(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. 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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line