Gun Trafficker Detection Act

I 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 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 SEC. 2. REPORTING OF LOST OR STOLEN FIREARMS TO 6 LAW ENFORCEMENT AUTHORITIES. 7 (a) REPORTING REQUIREMENT.— 8 VerDate Sep 11 2014 01:11 Apr 12, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2418.IH H2418 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 2418 IH (1) IN GENERAL.—Section 922 of title 18, 1 United States Code, is amended by adding at the 2 end the following: 3 ‘‘(aa)(1) Within 48 hours after a person not licensed 4 under this chapter who owns a firearm that has been 5 shipped or transported in, or has been possessed in or af- 6 fecting, interstate or foreign commerce, discovers or rea- 7 sonably should have discovered the theft or loss of the fire- 8 arm, the person shall report the theft or loss to the Attor- 9 ney General. If the report to the Attorney General is not 10 submitted through a web portal created by the Attorney 11 General for such purpose, the person shall report the theft 12 or loss to local law enforcement authorities. 13 ‘‘(2) Within 72 hours after the Attorney General re- 14 ceives a report through the web portal pursuant to para- 15 graph (1), the Attorney General shall notify the chief law 16 enforcement officer of the jurisdiction in which the theft 17 or loss occurred of the name and address of the reporting 18 person.’’. 19 (2) REPORTING.— 20 (A) CREATION OF WEB-BASED PORTAL.— 21 Within 180 days after the date of the enact- 22 ment of this Act, the Attorney General shall 23 create a web-based electronic portal, which 24 members of the public may use to report the 25 VerDate Sep 11 2014 01:11 Apr 12, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2418.IH H2418 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 2418 IH theft or loss of a firearm to the Attorney Gen- 1 eral pursuant to section 922(aa) of title 18, 2 United States Code, that includes a notice to 3 users of the penalties under section 924(a)(1) 4 of such title for knowingly making a false state- 5 ment or representation in such a report. 6 (B) USE OF FUNDS REQUIREMENTS.—Sec- 7 tion 502(a) of title I of the Omnibus Crime 8 Control and Safe Streets Act of 1968 (34 9 U.S.C. 10153(a)) is amended by adding at the 10 end the following: 11 ‘‘(7) An assurance that, for each fiscal year 12 covered by an application, the applicant will use not 13 less than 5 percent of the total amount of the grant 14 award for the fiscal year to study and implement ef- 15 fective management and collection of data relating to 16 lost or stolen firearms reported to a law enforcement 17 agency of the applicant under section 922(aa) of 18 title 18, United States Code, unless the applicant 19 has ensured, and the Attorney General has certified, 20 that the applicant has in effect such laws and proce- 21 dures as are necessary to ensure that each such re- 22 port is forwarded to the National Crime Information 23 Center.’’. 24 VerDate Sep 11 2014 01:11 Apr 12, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2418.IH H2418 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 2418 IH (3) PENALTIES.—Section 924 of title 18, 1 United States Code, is amended by adding at the 2 end the following: 3 ‘‘(q) With respect to a violation of section 922(aa), 4 the Attorney General shall, after notice and opportunity 5 for a hearing— 6 ‘‘(1)(A) in the case of a first violation, subject 7 the person to a civil money penalty of not more than 8 $1,000; or 9 ‘‘(B) in the case of a second or subsequent vio- 10 lation, subject the person to a civil money penalty of 11 not more than $5,000; and 12 ‘‘(2) in the case of any violation, notify the per- 13 son of the prohibitions set forth in section 14 922(bb).’’. 15 (b) PROHIBITION ON FIREARM RECEIPT AFTER 16 MULTIPLE CONVICTIONS.— 17 (1) IN GENERAL.—Section 922 of title 18, 18 United States Code, as amended by subsection 19 (a)(1) of this section, is amended by adding at the 20 end the following: 21 ‘‘(bb)(1) It shall be unlawful for a person who has 22 been twice assessed a civil money penalty under section 23 924(q) to receive a firearm during the 1-year period that 24 begins with the date of the most recent such assessment. 25 VerDate Sep 11 2014 01:11 Apr 12, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2418.IH H2418 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •HR 2418 IH ‘‘(2) It shall be unlawful for a person who has been 1 thrice assessed a civil money penalty under section 924(q) 2 to receive a firearm during the 5-year period that begins 3 with the date of the most recent such assessment.’’. 4 (2) PENALTIES.—Section 924(a)(5) of title 18, 5 United States Code, is amended by striking ‘‘or (t)’’ 6 and inserting ‘‘(t), or (bb)’’. 7 (c) PROHIBITION ON FALSE REPORTING.—Section 8 924(a)(1)(A) of title 18, United States Code, is amended 9 by striking ‘‘chapter or’’ and inserting ‘‘chapter, in report- 10 ing a lost or stolen firearm pursuant to section 922(aa), 11 or’’. 12 (d) UPDATING OF NATIONAL INSTANT CRIMINAL 13 BACKGROUND CHECK SYSTEM.— 14 (1) IN GENERAL.—Within 6 months after the 15 date of the enactment of this Act, the Attorney Gen- 16 eral shall promulgate such rules as are necessary to 17 ensure that— 18 (A) the national instant criminal back- 19 ground check system takes account of section 20 922(bb) of title 18, United States Code, in per- 21 forming the functions of the system; and 22 (B) all persons licensed under chapter 44 23 of such title provide notice of the penalties for 24 violations of section 922(aa) of such title to any 25 VerDate Sep 11 2014 01:11 Apr 12, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2418.IH H2418 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •HR 2418 IH person not so licensed who acquires a firearm 1 from the licensee. 2 (2) CONFORMING AMENDMENTS.— 3 (A) The following provisions of section 103 4 of the Brady Handgun Violence Prevention Act 5 (34 U.S.C. 40901) are each amended by strik- 6 ing ‘‘(g) or (n)’’ and inserting ‘‘(g), (n), or 7 (bb)’’: 8 (i) Subparagraphs (A), (C), 9 (F)(iii)(I), and (G)(i) of subsection (e)(1). 10 (ii) Subsection (g). 11 (iii) Subsection (i)(2). 12 (iv) Subsection (l)(3)(B). 13 (B) The following provisions of title 18, 14 United States Code, are each amended by strik- 15 ing ‘‘(g) or (n)’’ and inserting ‘‘(g), (n), or 16 (bb)’’: 17 (i) Subparagraphs (B)(ii) and 18 (C)(iii)(II) of section 922(t)(1). 19 (ii) Section 923(g)(3)(B). 20 (iii) Section 925A(2). 21 (C) Paragraphs (2), (4), and (5) of section 22 922(t) of title 18, United States Code, are each 23 amended by striking ‘‘(g), or (n)’’ and inserting 24 ‘‘(g), (n), or (bb)’’. 25 VerDate Sep 11 2014 01:11 Apr 12, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2418.IH H2418 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •HR 2418 IH SEC. 3. EFFECTIVE DATE. 1 This Act and the amendments made by this Act shall 2 take effect 90 days after the date of the enactment of this 3 Act. 4 Æ VerDate Sep 11 2014 01:11 Apr 12, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6301 E:\BILLS\H2418.IH H2418 pbinns on DSKJLVW7X2PROD with $$_JOB