I 116TH CONGRESS 2D SESSION H. R. 5866 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 FEBRUARY 12, 2020 Mr. CASTEN of Illinois (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 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 Trafficker Detec- 4 tion Act’’. 5 VerDate Sep 11 2014 00:43 Feb 19, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5866.IH H5866 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 5866 IH SEC. 2. REPORTING OF LOST OR STOLEN FIREARMS TO 1 LAW ENFORCEMENT AUTHORITIES. 2 (a) REPORTING REQUIREMENT.—Section 922 of title 3 18, United States Code, is amended by adding at the end 4 the following: 5 ‘‘(aa) Within 48 hours after a person not licensed 6 under this chapter who owns a firearm that has been 7 shipped or transported in, or has been possessed in or af- 8 fecting, interstate or foreign commerce, discovers or 9 should have discovered the theft or loss of the firearm, 10 the person shall report the theft or loss to the Attorney 11 General and local law enforcement authorities.’’. 12 (b) PENALTIES.— 13 (1) IN GENERAL.—Section 924 of such title is 14 amended by adding at the end the following: 15 ‘‘(r) Whoever violates section 922(aa) shall— 16 ‘‘(1) in the case of the 1st violation by the per- 17 son, be guilty of a class C misdemeanor; 18 ‘‘(2) in the case of the 2nd violation by the per- 19 son, be guilty of a class B misdemeanor; or 20 ‘‘(3) in the case of the 3rd or subsequent viola- 21 tion by the person, be guilty of a class E felony.’’. 22 (2) PROHIBITION ON FIREARM RECEIPT AFTER 23 MULTIPLE CONVICTIONS.— 24 (A) PROHIBITION.—Section 922 of such 25 title, as amended by subsection (a) of this sec- 26 VerDate Sep 11 2014 00:43 Feb 19, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5866.IH H5866 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 5866 IH tion, is amended by adding at the end the fol- 1 lowing: 2 ‘‘(bb)(1) It shall be unlawful for a person who has 3 been twice convicted in any court of a violation of section 4 922(aa) to receive a firearm during the 1-year period that 5 begins with the date of the most recent such conviction. 6 ‘‘(2) It shall be unlawful for a person who has been 7 thrice convicted in any court of a violation of section 8 922(aa) to receive a firearm during the 5-year period that 9 begins with the date of the most recent such conviction.’’. 10 (B) PENALTIES.—Section 924(a)(2) of 11 such title is amended by striking ‘‘or (o)’’ and 12 inserting ‘‘(o), or (bb)’’. 13 (c) UPDATING OF NATIONAL INSTANT CRIMINAL 14 BACKGROUND CHECK SYSTEM.— 15 (1) IN GENERAL.—Within 6 months after the 16 date of the enactment of this Act, the Attorney Gen- 17 eral shall promulgate such rules as are necessary to 18 ensure that the national instant criminal background 19 check system takes account of section 922(bb) of 20 title 18, United States Code, in performing the func- 21 tions of the system. 22 (2) CONFORMING AMENDMENTS.— 23 (A) The following provisions of section 103 24 of the Brady Handgun Violence Prevention Act 25 VerDate Sep 11 2014 00:43 Feb 19, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5866.IH H5866 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 5866 IH (34 U.S.C. 40901) are each amended by strik- 1 ing ‘‘(g) or (n)’’ each place it appears and in- 2 serting ‘‘(g), (n), or (bb)’’: 3 (i) Subparagraphs (A), (C), 4 (F)(iii)(I), and (G)(i) of subsection (e)(1). 5 (ii) Subsection (g). 6 (iii) Subsection (i)(2). 7 (B) The following provisions of title 18, 8 United States Code, are each amended by strik- 9 ing ‘‘(g) or (n)’’ and inserting ‘‘(g), (n), or 10 (bb)’’: 11 (i) Section 922(t)(1)(B)(ii). 12 (ii) Section 922(t)(2). 13 (iii) Section 922(t)(4). 14 (iv) Section 922(t)(5). 15 (v) Section 923(g)(3)(B). 16 (vi) Section 925A(2). 17 SEC. 3. PRIVATE RIGHT OF ACTION FOR DAMAGES RESULT- 18 ING FROM INJURY CAUSED BY AN UNRE- 19 PORTED STOLEN OR LOST FIREARM. 20 A person who suffers an injury proximately caused 21 by a firearm that is the subject of a violation of section 22 922(aa) of title 18, United States Code, may bring an ac- 23 tion in a United States district court against the violator 24 for damages resulting from the injury. The court shall 25 VerDate Sep 11 2014 00:43 Feb 19, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5866.IH H5866 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 5866 IH award a plaintiff prevailing in such an action all appro- 1 priate damages, including injunctive relief. 2 SEC. 4. EFFECTIVE DATE. 3 This Act and the amendments made by this Act shall 4 take effect 90 days after the date of the enactment of this 5 Act. 6 Æ VerDate Sep 11 2014 00:43 Feb 19, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H5866.IH H5866 pamtmann on DSKBC07HB2PROD with BILLS