Summary
# H.R. 1302: Gun Records Restoration and Preservation Act
## WHAT THIS BILL DOES
This bill repeals restrictions called the Tiahrt Amendments that limit how federal law enforcement can use gun records and data. The bill removes rules that require background check records to be destroyed quickly and that prevent the federal government from requiring gun dealers to check their inventory (the complete list of firearms a dealer has in stock).
## WHO IT AFFECTS
- Federal law enforcement agencies
- State and local law enforcement agencies
- Gun dealers (also called Federal firearms licensees)
- Researchers studying gun violence
- The public seeking information through Freedom of Information Act requests (requests for government documents)
## KEY PROVISIONS
- Repeals restrictions on how the Bureau of Alcohol, Tobacco, Firearms and Explosives can use its database of gun information (Sec. 3)
- Eliminates the prohibition preventing Freedom of Information Act requests about firearm traces (the process of tracking a gun's origin) and arson or explosives incidents (Sec. 4)
- Removes the requirement that background check records must be destroyed within 24 hours (Sec. 7)
- Removes restrictions preventing the federal government from requiring gun dealers to conduct physical checks of their firearm inventory (Sec. 5)
- Eliminates the prohibition against consolidating or centralizing firearm acquisition and disposition records (records about how dealers get and sell guns) within the Department of Justice (Sec. 6)
## WHAT CHANGES
If this bill becomes law, federal law enforcement will be able to keep background check records longer than 24 hours. The federal government will be allowed to require gun dealers to physically count their inventory. Federal agencies will be able to consolidate gun records in one central location. Members of the public will be able to request information about firearm traces through Freedom of Information Act requests.
## IMPORTANT DEFINITIONS
None defined in bill text.
## EFFECTIVE DATE
Not specified in bill text.
I
118TH CONGRESS
1ST SESSION H. R. 1302
To repeal certain impediments to the administration of the firearms laws.
IN THE HOUSE OF REPRESENTATIVES
MARCH 1, 2023
Ms. LEE of California (for herself, Ms. BONAMICI, Mr. MEEKS, Mr.
AUCHINCLOSS, Ms. LOFGREN, Mr. CASTEN, Mr. MORELLE, Mr. CROW,
Ms. TITUS, Ms. NORTON, Ms. KAMLAGER-DOVE, Mr. HIGGINS of New
York, Mr. SMITH of Washington, Mr. DESAULNIER, Ms. SCHAKOWSKY,
Ms. BARRAGA´N, Mr. KEATING, Ms. SCANLON, Mr. LYNCH, Ms. TLAIB,
Ms. KELLY of Illinois, Mr. GRIJALVA, Mr. CARSON, Mr. BLUMENAUER,
and Mr. FROST) introduced the following bill; which was referred to the
Committee on the Judiciary
A BILL
To repeal certain impediments to the administration of the
firearms laws.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Gun Records Restora-
4
tion and Preservation Act’’.
5
SEC. 2. FINDINGS.
6
Congress finds as follows:
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•HR 1302 IH
(1) The Tiahrt Amendments prevent the collec-
1
tion of valuable information, and the establishment
2
of effective policies to prevent illegal guns from
3
being used in crimes.
4
(2) The Tiahrt Amendments impede enforce-
5
ment of the gun laws by requiring most background
6
check records to be destroyed within 24 hours, and
7
by barring the Federal Government from requiring
8
annual inventory audits by owners of gun shops.
9
(3) A 2012 study by researchers at Johns Hop-
10
kins Bloomberg School of Public Health found that
11
the Tiahrt Amendments dramatically increase gun
12
trafficking to the criminal market.
13
(4) A 2016 study from the University of Pitts-
14
burgh Graduate School of Public Health found that
15
in 2008, 79 percent of all guns recovered by police
16
from crime scenes belonged to someone other than
17
the perpetrator—30 percent had been stolen.
18
(5) A 2020 analysis from the RAND corpora-
19
tion concluded that the Tiahrt Amendments limit re-
20
searchers’ access to data that provide important in-
21
sights, such as—
22
(A) how guns flow from States with less
23
restrictive gun laws to States with more restric-
24
tive gun laws;
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•HR 1302 IH
(B) how prohibited purchasers obtain their
1
firearms;
2
(C) the characteristics of straw purchases;
3
and
4
(D) whether more restrictive gun laws cre-
5
ate a shortage of firearms for prohibited pur-
6
chases.
7
(6) Every year, more than 165,000 people are
8
shot in the United States.
9
(7) 2020 was one of the deadliest years on
10
record for the United States, with an estimated
11
21,000 people killed in firearm homicides or non-sui-
12
cide related shootings, which is a 33-percent increase
13
over 2019.
14
(8) In 2020, 62 percent of firearm homicide
15
victims were Black and 15 percent of firearm homi-
16
cide victims were Hispanic.
17
(9) In 2020, the National Tracing Center at
18
the Bureau of Alcohol, Tobacco, Firearms and Ex-
19
plosives processed 490,800 trace requests on fire-
20
arms from Federal, State, and local law enforcement
21
agencies.
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(10) Having effective policies to prevent illegal
23
gun trafficking makes our families and communities
24
safer.
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(11) Repealing the Tiahrt Amendments would
1
support law enforcement efforts and give the public
2
vital information needed to craft the most effective
3
policies against illegal guns.
4
SEC. 3. REPEAL OF CERTAIN LIMITATIONS ON THE USE OF
5
DATABASE INFORMATION OF THE BUREAU
6
OF ALCOHOL, TOBACCO, FIREARMS AND EX-
7
PLOSIVES.
8
(a) The matter under the heading ‘‘Bureau of Alco-
9
hol, Tobacco, Firearms and Explosives—Salaries and Ex-
10
penses’’ in title II of division B of the Consolidated and
11
Further Continuing Appropriations Act, 2012 (18 U.S.C.
12
923 note; Public Law 112–55; 125 Stat. 609–610) is
13
amended by striking the sixth proviso.
14
(b) The sixth proviso under the heading ‘‘Bureau of
15
Alcohol, Tobacco, Firearms and Explosives—Salaries and
16
Expenses’’ in title II of division B of the Consolidated Ap-
17
propriations Act, 2010 (18 U.S.C. 923 note; Public Law
18
111–117; 123 Stat. 3128–3129) is amended by striking
19
‘‘beginning in fiscal year 2010 and thereafter’’ and insert-
20
ing ‘‘in fiscal year 2010’’.
21
(c) The sixth proviso under the heading ‘‘Bureau of
22
Alcohol, Tobacco, Firearms and Explosives—Salaries and
23
Expenses’’ in title II of division B of the Omnibus Appro-
24
priations Act, 2009 (18 U.S.C. 923 note; Public Law 111–
25
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•HR 1302 IH
8; 123 Stat. 574–576) is amended by striking ‘‘beginning
1
in fiscal year 2009 and thereafter’’ and inserting ‘‘in fiscal
2
year 2009’’.
3
(d) The sixth proviso under the heading ‘‘Bureau of
4
Alcohol, Tobacco, Firearms and Explosives—Salaries and
5
Expenses’’ in title II of division B of the Consolidated Ap-
6
propriations Act, 2008 (18 U.S.C. 923 note; Public Law
7
110–161; 121 Stat. 1903–1904) is amended by striking
8
‘‘beginning in fiscal year 2008 and thereafter’’ and insert-
9
ing ‘‘in fiscal year 2008’’.
10
(e) The sixth proviso under the heading ‘‘Bureau of
11
Alcohol, Tobacco, Firearms and Explosives—Salaries and
12
Expenses’’ in title I of the Science, State, Justice, Com-
13
merce, and Related Agencies Appropriations Act, 2006
14
(18 U.S.C. 923 note; Public Law 109–108; 119 Stat.
15
2295–2296) is amended by striking ‘‘with respect to any
16
fiscal year’’.
17
(f) The sixth proviso under the heading ‘‘Bureau of
18
Alcohol, Tobacco, Firearms and Explosives—Salaries and
19
Expenses’’ in title I of division B of the Consolidated Ap-
20
propriations Act, 2005 (18 U.S.C. 923 note; Public Law
21
108–447; 118 Stat. 2859–2860) is amended by striking
22
‘‘with respect to any fiscal year’’.
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•HR 1302 IH
SEC. 4. ELIMINATION OF PROHIBITION ON PROCESSING OF
1
FREEDOM OF INFORMATION ACT REQUESTS
2
ABOUT ARSON OR EXPLOSIVES INCIDENTS
3
OR FIREARM TRACES.
4
Section 644 of division J of the Consolidated Appro-
5
priations Resolution, 2003 (5 U.S.C. 552 note; Public
6
Law 108–7; 117 Stat. 473) is repealed.
7
SEC. 5. REPEAL OF LIMITATIONS ON IMPOSITION OF RE-
8
QUIREMENT THAT FIREARMS DEALERS CON-
9
DUCT PHYSICAL CHECK OF FIREARMS IN-
10
VENTORY.
11
The fifth proviso under the heading ‘‘Bureau of Alco-
12
hol, Tobacco, Firearms and Explosives—Salaries and Ex-
13
penses’’ in title II of division B of the Consolidated and
14
Further Continuing Appropriations Act, 2013 (18 U.S.C.
15
923 note; Public Law 113–6; 127 Stat. 248) is amended
16
by striking ‘‘and any fiscal year thereafter’’.
17
SEC. 6. ELIMINATION OF PROHIBITION ON CONSOLIDA-
18
TION OR CENTRALIZATION IN THE DEPART-
19
MENT OF JUSTICE OF FIREARMS ACQUISI-
20
TION
AND
DISPOSITION
RECORDS
MAIN-
21
TAINED BY FEDERAL FIREARMS LICENSEES.
22
The matter under the heading ‘‘Bureau of Alcohol,
23
Tobacco, Firearms and Explosives—Salaries and Ex-
24
penses’’ in title II of division B of the Consolidated and
25
Further Continuing Appropriations Act, 2012 (18 U.S.C.
26
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•HR 1302 IH
923 note; Public Law 112–55; 125 Stat. 609) is amend-
1
ed—
2
(1) by striking the first proviso; and
3
(2) in the second proviso, by striking ‘‘further’’.
4
SEC. 7. REPEAL OF REQUIREMENT TO DESTROY INSTANT
5
CRIMINAL BACKGROUND CHECK RECORDS
6
WITHIN 24 HOURS.
7
Section 511 of the Consolidated and Further Con-
8
tinuing Appropriations Act, 2012 (34 U.S.C. 40901 note;
9
Public Law 112–55; 125 Stat. 632) is amended—
10
(1) by striking ‘‘—’’ and all that follows
11
through ‘‘(1)’’; and
12
(2) by striking the semicolon and all that fol-
13
lows and inserting a period.
14
Æ
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