Crime Gun Tracing Modernization Act of 2023

Crime Gun Tracing Modernization Act of 2023

This bill requires the National Tracing Center within the Bureau of Alcohol, Tobacco, Firearms and Explosives to establish and maintain an electronic, searchable database of records related to certain firearms transactions.

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 203 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                 S. 203

  To amend section 923 of title 18, United States Code, to require an 
    electronic, searchable database of the importation, production, 
       shipment, receipt, sale, or other disposition of firearms.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 1, 2023

  Mrs. Feinstein (for herself, Mr. Menendez, Mr. Whitehouse, and Mrs. 
  Gillibrand) introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To amend section 923 of title 18, United States Code, to require an 
    electronic, searchable database of the importation, production, 
       shipment, receipt, sale, or other disposition of firearms.

    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 ``Crime Gun Tracing Modernization Act 
of 2023''.

SEC. 2. ELECTRONIC, SEARCHABLE DATABASES.

    Section 923(g) of title 18, United States Code, is amended by 
adding at the end the following:
    ``(8)(A) In this paragraph, the term `foreign intelligence 
information' has the meaning given the term in section 101 of the 
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).
    ``(B) Not later than 3 years after the date of enactment of this 
paragraph, the National Tracing Center of the Bureau of Alcohol, 
Tobacco, Firearms and Explosives shall establish and maintain 
electronic, searchable databases of all records within its possession 
of the importation, production, shipment, receipt, sale, or other 
disposition of firearms required to be submitted to the Bureau of 
Alcohol, Tobacco, Firearms and Explosives by persons licensed under 
this chapter.
    ``(C) Each licensee under this chapter may provide the National 
Tracing Center with electronic access, consistent with the requirements 
of this paragraph, to all records within the licensee's possession that 
are required to be kept under this chapter.
    ``(D) A licensee may voluntarily relinquish possession of any non-
electronic record required to be kept under this chapter to the Bureau 
of Alcohol, Tobacco, Firearms and Explosives if--
            ``(i) 10 years have elapsed from the date of the firearm 
        transaction; or
            ``(ii) in the case of paper acquisition and disposition 
        books, 10 years have elapsed without any open disposition 
        entries and without any dispositions recorded in that record.
    ``(E) The National Tracing Center--
            ``(i) shall have remote access to and may query, search, or 
        otherwise access the electronic databases described in this 
        paragraph; and
            ``(ii) may, with the permission of a State, or political 
        subdivision of a State, have remote access to, and may query, 
        search, or otherwise access the databases of the firearms 
        registration system or pawnbroker records system of the State 
        or political subdivision.
    ``(F) The National Tracing Center may query, search, or otherwise 
access the electronic databases described in this paragraph for only 
the following purposes:
            ``(i) To obtain information related to a bona fide law 
        enforcement investigation by any Federal, State, local, tribal, 
        or foreign law enforcement agency.
            ``(ii) To obtain information that is--
                    ``(I) foreign intelligence information; or
                    ``(II) necessary to understand, or assess the 
                importance of, foreign intelligence information.
            ``(iii) To obtain information necessary during a compliance 
        inspection of an active licensee who has submitted non-
        electronic records in accordance with subparagraph (D).
    ``(G) The databases established under this paragraph--
            ``(i) shall be electronically searchable by date of 
        acquisition or disposition, license number, and the information 
        identified on each firearm or other firearm descriptor, 
        including the manufacturer, importer, model, serial number, 
        type, and caliber or gauge;
            ``(ii) shall not be electronically searchable by the 
        personally identifiable information of any individual; and
            ``(iii) shall include in search results the entire contents 
        of the relevant records kept by the licensee.
    ``(H) This paragraph shall take effect notwithstanding any other 
provision of law, including any temporary or permanent restrictions 
placed on funds made available to the Bureau of Alcohol, Tobacco, 
Firearms and Explosives, or the Department of Justice.''.
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