Gun Trafficker Detection Act
This bill requires gun owners to report the theft or loss of a firearm to law enforcement within 48 hours. A violation is subject to criminal and civil penalties.
Additionally, the bill requires states to use at least 5% of funds under the Edward Byrne Memorial Justice Assistance Grant program to implement effective management and collection of data related to lost or stolen firearms that are reported to law enforcement.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2418 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2418
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
March 30, 2023
Mr. Casten (for himself, Ms. Kelly of Illinois, Ms. Titus, Ms. Brown,
Mr. Auchincloss, Ms. Dean of Pennsylvania, Ms. Norton, Ms. Lee of
California, Ms. Tokuda, and Mrs. Watson Coleman) 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 reasonably 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) Reporting.--
(A) Creation of web-based portal.--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.
(B) Use of funds requirements.--Section 502(a) of
title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (34 U.S.C. 10153(a)) is amended by adding
at the end the following:
``(7) An assurance that, for each fiscal year covered by an
application, the applicant will use not less than 5 percent of
the total amount of the grant award for the fiscal year to
study and implement effective management and collection of data
relating to lost or stolen firearms reported to a law
enforcement agency of the applicant under section 922(aa) of
title 18, United States Code, unless the applicant has ensured,
and the Attorney General has certified, that the applicant has
in effect such laws and procedures as are necessary to ensure
that each such report is forwarded to the National Crime
Information Center.''.
(3) Penalties.--Section 924 of title 18, United States
Code, 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 title 18, United States
Code, 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 title 18, United
States Code, is amended by striking ``or (t)'' and inserting
``(t), or (bb)''.
(c) Prohibition on False Reporting.--Section 924(a)(1)(A) of title
18, United States Code, 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)'' 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).
(iv) Subsection (l)(3)(B).
(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) Subparagraphs (B)(ii) and (C)(iii)(II)
of section 922(t)(1).
(ii) Section 923(g)(3)(B).
(iii) Section 925A(2).
(C) Paragraphs (2), (4), and (5) of section 922(t)
of title 18, United States Code, are each amended by
striking ``(g), or (n)'' and inserting ``(g), (n), or
(bb)''.
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.
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