SECURE Firearm Storage Act

II 116TH CONGRESS 1ST SESSION S. 320 To amend title 18, United States Code, to require federally licensed firearms importers, manufacturers, and dealers to meet certain requirements with respect to securing their firearms inventory, business records, and busi- ness premises. IN THE SENATE OF THE UNITED STATES FEBRUARY 4, 2019 Mr. DURBIN (for himself, Mr. BLUMENTHAL, Mr. MARKEY, Ms. WARREN, Mr. CASEY, Ms. DUCKWORTH, and Mrs. GILLIBRAND) introduced the fol- lowing bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, to require federally licensed firearms importers, manufacturers, and dealers to meet certain requirements with respect to securing their firearms inventory, business records, and business premises. 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 ‘‘Safety Enhancements 4 for Communities Using Reasonable and Effective Firearm 5 Storage Act’’ or the ‘‘SECURE Firearm Storage Act’’. 6 VerDate Sep 11 2014 03:36 Feb 12, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S320.IS S320 kjohnson on DSK79L0C42 with BILLS 2 •S 320 IS SEC. 2. SECURITY REQUIREMENTS FOR FEDERALLY LI- 1 CENSED FIREARMS IMPORTERS, MANUFAC- 2 TURERS, AND DEALERS. 3 (a) IN GENERAL.—Section 923 of title 18, United 4 States Code, is amended by adding at the end the fol- 5 lowing: 6 ‘‘(m) SECURITY REQUIREMENTS.— 7 ‘‘(1) RELATION TO PROVISION GOVERNING GUN 8 SHOWS.—This subsection shall apply to a licensed 9 importer, licensed manufacturer, or licensed dealer 10 except as provided in subsection (j). 11 ‘‘(2) FIREARM STORAGE.— 12 ‘‘(A) IN GENERAL.—A person who is a li- 13 censed importer, licensed manufacturer, or li- 14 censed dealer shall keep and store each firearm 15 in the business inventory of the licensee at the 16 premises covered by the license. 17 ‘‘(B) MEANS OF STORAGE.—When the 18 premises covered by the license are not open for 19 business, the licensee shall, with respect to each 20 firearm in the business inventory of the li- 21 censee— 22 ‘‘(i) secure the firearm with a hard- 23 ened steel rod 1⁄4 inch thick through the 24 space between the trigger guard, and the 25 frame or receiver, of the firearm, with— 26 VerDate Sep 11 2014 03:36 Feb 12, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S320.IS S320 kjohnson on DSK79L0C42 with BILLS 3 •S 320 IS ‘‘(I) the steel rod secured by a 1 hardened steel lock that has a shackle; 2 ‘‘(II) the lock and shackle pro- 3 tected or shielded from the use of a 4 bolt cutter; and 5 ‘‘(III) the rod anchored to pre- 6 vent the removal of the firearm from 7 the premises; or 8 ‘‘(ii) store the firearm in— 9 ‘‘(I) a locked fireproof safe; 10 ‘‘(II) a locked gun cabinet (and if 11 the locked gun cabinet is not steel, 12 each firearm within the cabinet shall 13 be secured with a hardened steel rod 14 1⁄4 inch thick, protected or shielded 15 from the use of a bolt cutter and an- 16 chored to prevent the removal of the 17 firearm from the premises); or 18 ‘‘(III) a locked vault. 19 ‘‘(3) PAPER RECORD STORAGE.—When the 20 premises covered by the license are not open for 21 business, the licensee shall store each paper record 22 of the business inventory and firearm transactions 23 of, and other dispositions of firearms by, the licensee 24 VerDate Sep 11 2014 03:36 Feb 12, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S320.IS S320 kjohnson on DSK79L0C42 with BILLS 4 •S 320 IS at the premises in a secure location such as a locked 1 fireproof safe or locked vault. 2 ‘‘(4) ADDITIONAL SECURITY REQUIREMENTS.— 3 The Attorney General may, by regulation, prescribe 4 such additional security requirements as the Attor- 5 ney General determines appropriate with respect to 6 the firearms business conducted by a licensed im- 7 porter, licensed manufacturer, or licensed dealer, 8 such as requirements relating to the use of— 9 ‘‘(A) alarm and security camera systems; 10 ‘‘(B) site hardening; 11 ‘‘(C) measures to secure any electronic 12 record of the business inventory and firearm 13 transactions of, and other dispositions of fire- 14 arms by, the licensee; and 15 ‘‘(D) other measures necessary to reduce 16 the risk of theft at the business premises of a 17 licensee.’’. 18 (b) PENALTIES.—Section 924 of title 18, United 19 States Code, is amended by adding at the end the fol- 20 lowing: 21 ‘‘(q) PENALTIES FOR NONCOMPLIANCE WITH FIRE- 22 ARMS LICENSEE SECURITY REQUIREMENTS.— 23 ‘‘(1) IN GENERAL.— 24 VerDate Sep 11 2014 03:36 Feb 12, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S320.IS S320 kjohnson on DSK79L0C42 with BILLS 5 •S 320 IS ‘‘(A) PENALTY.—With respect to a viola- 1 tion by a licensee of section 923(m) or a regula- 2 tion issued under that section, the Attorney 3 General, after notice and opportunity for hear- 4 ing— 5 ‘‘(i) in the case of the first violation 6 or related series of violations on the same 7 date, shall subject the licensee to a civil 8 penalty in an amount equal to not less 9 than $1,000 and not more than $10,000; 10 ‘‘(ii) in the case of the second viola- 11 tion or related series of violations on the 12 same date— 13 ‘‘(I) shall suspend the license 14 issued to the licensee under this chap- 15 ter until the licensee cures the viola- 16 tion; and 17 ‘‘(II) may subject the licensee to 18 a civil penalty in an amount provided 19 in clause (i); or 20 ‘‘(iii) in the case of the third violation 21 or related series of violations on the same 22 date— 23 VerDate Sep 11 2014 03:36 Feb 12, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S320.IS S320 kjohnson on DSK79L0C42 with BILLS 6 •S 320 IS ‘‘(I) shall revoke the license 1 issued to the licensee under this chap- 2 ter; and 3 ‘‘(II) may subject the licensee to 4 a civil penalty in an amount provided 5 in clause (i). 6 ‘‘(B) REVIEW.—An action of the Attorney 7 General under this paragraph may be reviewed 8 only as provided under section 923(f). 9 ‘‘(2) ADMINISTRATIVE REMEDIES.—The imposi- 10 tion of a civil penalty or suspension or revocation of 11 a license under paragraph (1) shall not preclude any 12 administrative remedy that is otherwise available to 13 the Attorney General.’’. 14 (c) APPLICATION REQUIREMENT.—Section 923 of 15 title 18, United States Code, is amended— 16 (1) in subsection (a), in the second sentence, by 17 striking ‘‘be in such form and contain only that’’ 18 and inserting ‘‘describe how the applicant plans to 19 comply with subsection (m) and shall be in such 20 form and contain only such other’’; and 21 (2) in subsection (d)(1)— 22 (A) in subparagraph (F), by striking 23 ‘‘and’’ at the end; 24 VerDate Sep 11 2014 03:36 Feb 12, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S320.IS S320 kjohnson on DSK79L0C42 with BILLS 7 •S 320 IS (B) in subparagraph (G), by striking the 1 period at the end and inserting ‘‘; and’’; and 2 (C) by adding at the end the following: 3 ‘‘(H) the Attorney General determines that the 4 description in the application of how the applicant 5 plans to comply with subsection (m) would, if imple- 6 mented, so comply.’’. 7 (d) EFFECTIVE DATES.— 8 (1) INITIAL FIREARM STORAGE REQUIRE- 9 MENTS.—Section 923(m)(2) of title 18, United 10 States Code, as added by subsection (a), shall take 11 effect on the date that is 1 year after the date of 12 enactment of this Act. 13 (2) INITIAL PAPER RECORDS STORAGE RE- 14 QUIREMENTS.—Section 923(m)(3) of title 18, 15 United States Code, as added by subsection (a), 16 shall take effect on the date that is 90 days after 17 the date of enactment of this Act. 18 Æ VerDate Sep 11 2014 03:36 Feb 12, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6301 E:\BILLS\S320.IS S320 kjohnson on DSK79L0C42 with BILLS