What This Bill Does
This bill removes restrictions that currently limit how law enforcement can enforce gun safety laws. It eliminates multiple prohibitions (restrictions) that have prevented certain government activities related to firearms, including restrictions on record-keeping, dealer inspections, and background check records.
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Who It Affects
- Law enforcement officers who enforce gun safety laws
- Federal firearms dealers (gun sellers with federal licenses)
- The Bureau of Alcohol, Tobacco, Firearms and Explosives (a federal law enforcement agency)
- The Department of Justice
- People applying for federal firearms licenses
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Key Provisions
- Eliminates restrictions on sharing and using firearms trace data (information about where guns came from during investigations) with law enforcement (Sec. 2)
- Removes the prohibition preventing the Department of Justice from collecting and centralizing firearms acquisition and disposition records (buying and selling records) from federally licensed gun dealers (Sec. 3)
- Eliminates restrictions preventing the government from requiring gun dealers to conduct physical checks of their firearms inventory (Sec. 4)
- Removes the requirement that background check records be destroyed within 24 hours (Sec. 5)
- Eliminates restrictions on Freedom of Information Act requests (public records requests) about arson, explosives incidents, or firearm traces (Sec. 6)
- Changes the standard for revoking a federal firearms license from "willfully" violating rules to "knowingly" violating rules, making it easier to revoke licenses (Sec. 13)
- Eliminates "de novo" review (a fresh, complete review from the beginning) for federal firearms license appeals, requiring judges to only consider evidence previously presented (Sec. 14)
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What Changes
If this becomes law, law enforcement will have fewer legal barriers to gathering and using gun-related information in investigations. Gun dealers will face potential physical inventory inspections. The government can now keep and search background check records longer than 24 hours. The government can pursue Freedom of Information Act requests about firearms-related incidents. Federal firearms dealers face stricter standards for keeping their licenses, with easier revocation for rule violations.
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Important Definitions
- "Willfully" vs. "Knowingly": This bill replaces "willfully" (intentionally breaking a law) with "knowingly" (aware that something is happening, even without specific intent to break the law) in several places, making violations easier to prove
- "De novo review": A complete fresh review starting from scratch
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Effective Date
Not specified in bill text
II
118TH CONGRESS
1ST SESSION
S. 118
To remove obstacles to the ability of law enforcement officers to enforce
gun safety laws, and for other purposes.
IN THE SENATE OF THE UNITED STATES
JANUARY 26, 2023
Mr. VAN HOLLEN introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
A BILL
To remove obstacles to the ability of law enforcement officers
to enforce gun safety laws, 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 ‘‘ATF Improvement and
4
Modernization Act of 2023’’ or the ‘‘AIM Act of 2023’’.
5
SEC. 2. ELIMINATION OF LIMITATIONS RELATING TO FIRE-
6
ARMS TRACE DATA.
7
(a) TIAHRT AMENDMENTS.—
8
(1) FISCAL YEAR 2012.—The matter under the
9
heading ‘‘SALARIES
AND
EXPENSES’’ under the
10
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•S 118 IS
heading ‘‘BUREAU OF ALCOHOL, TOBACCO, FIRE-
1
ARMS AND EXPLOSIVES’’ in title II of division B of
2
the Consolidated and Further Continuing Appropria-
3
tions Act, 2012 (18 U.S.C. 923 note; Public Law
4
112–55; 125 Stat. 609) is amended by striking the
5
sixth proviso.
6
(2) FISCAL
YEAR 2010.—The sixth proviso
7
under the heading ‘‘SALARIES
AND
EXPENSES’’
8
under the heading ‘‘BUREAU
OF ALCOHOL, TO-
9
BACCO, FIREARMS AND EXPLOSIVES’’ in title II of
10
division B of the Consolidated Appropriations Act,
11
2010 (18 U.S.C. 923 note; Public Law 111–117;
12
123 Stat. 3128) is amended by striking ‘‘beginning
13
in fiscal year 2010 and thereafter’’ and inserting ‘‘in
14
fiscal year 2010’’.
15
(3) FISCAL
YEAR 2009.—The sixth proviso
16
under the heading ‘‘SALARIES
AND
EXPENSES’’
17
under the heading ‘‘BUREAU
OF ALCOHOL, TO-
18
BACCO, FIREARMS AND EXPLOSIVES’’ in title II of
19
division B of the Omnibus Appropriations Act, 2009
20
(18 U.S.C. 923 note; Public Law 111–8; 123 Stat.
21
575) is amended by striking ‘‘beginning in fiscal
22
year 2009 and thereafter’’ and inserting ‘‘in fiscal
23
year 2009’’.
24
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•S 118 IS
(4) FISCAL
YEAR 2008.—The sixth proviso
1
under the heading ‘‘SALARIES
AND
EXPENSES’’
2
under the heading ‘‘BUREAU
OF ALCOHOL, TO-
3
BACCO, FIREARMS AND EXPLOSIVES’’ in title II of
4
division B of the Consolidated Appropriations Act,
5
2008 (18 U.S.C. 923 note; Public Law 110–161;
6
121 Stat. 1903) is amended by striking ‘‘beginning
7
in fiscal year 2008 and thereafter’’ and inserting ‘‘in
8
fiscal year 2008’’.
9
(5) FISCAL
YEAR 2006.—The sixth proviso
10
under the heading ‘‘SALARIES
AND
EXPENSES’’
11
under the heading ‘‘BUREAU
OF ALCOHOL, TO-
12
BACCO, FIREARMS AND EXPLOSIVES’’ in title I of
13
the Science, State, Justice, Commerce, and Related
14
Agencies Appropriations Act, 2006 (18 U.S.C. 923
15
note; Public Law 109–108; 119 Stat. 2295) is
16
amended by striking ‘‘under this or any other Act
17
with respect to any fiscal year’’ and inserting ‘‘under
18
this Act’’.
19
(6) FISCAL
YEAR 2005.—The sixth proviso
20
under the heading ‘‘SALARIES
AND
EXPENSES’’
21
under the heading ‘‘BUREAU
OF ALCOHOL, TO-
22
BACCO, FIREARMS AND EXPLOSIVES’’ in title I of di-
23
vision B of the Consolidated Appropriations Act,
24
2005 (18 U.S.C. 923 note; Public Law 108–447;
25
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•S 118 IS
118 Stat. 2859) is amended by striking ‘‘under this
1
or any other Act with respect to any fiscal year’’ and
2
inserting ‘‘under this Act’’.
3
(b) PROHIBITION
ON USE
OF FIREARMS TRACE
4
DATA TO DRAW BROAD CONCLUSIONS ABOUT FIREARMS-
5
RELATED CRIME.—Section 514 of division B of the Con-
6
solidated and Further Continuing Appropriations Act,
7
2013 (18 U.S.C. 923 note; Public Law 113–6; 127 Stat.
8
271) is repealed.
9
SEC. 3. ELIMINATION OF PROHIBITION ON CONSOLIDA-
10
TION OR CENTRALIZATION IN THE DEPART-
11
MENT OF JUSTICE OF FIREARMS ACQUISI-
12
TION
AND
DISPOSITION
RECORDS
MAIN-
13
TAINED BY FEDERAL FIREARMS LICENSEES.
14
The matter under the heading ‘‘SALARIES AND EX-
15
PENSES’’ under the heading ‘‘BUREAU OF ALCOHOL, TO-
16
BACCO, FIREARMS AND EXPLOSIVES’’ in title II of division
17
B of the Consolidated and Further Continuing Appropria-
18
tions Act, 2012 (18 U.S.C. 923 note; Public Law 112–
19
55; 125 Stat. 609) is amended by striking the first pro-
20
viso.
21
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•S 118 IS
SEC. 4. ELIMINATION OF PROHIBITION ON IMPOSITION OF
1
REQUIREMENT THAT FIREARMS DEALERS
2
CONDUCT PHYSICAL CHECK OF FIREARMS
3
INVENTORY.
4
(a) FISCAL YEAR 2013.—The matter under the head-
5
ing ‘‘SALARIES AND EXPENSES’’ under the heading ‘‘BU-
6
REAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLO-
7
SIVES’’ in title II of division B of the Consolidated and
8
Further Continuing Appropriations Act, 2013 (18 U.S.C.
9
923 note; Public Law 113–6; 127 Stat. 247) is amended
10
by striking the fifth proviso.
11
(b) FISCAL YEAR 2012.—The matter under the head-
12
ing ‘‘SALARIES AND EXPENSES’’ under the heading ‘‘BU-
13
REAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLO-
14
SIVES’’ in title II of division B of the Consolidated and
15
Further Continuing Appropriations Act, 2012 (Public
16
Law 112–55; 125 Stat. 609) is amended by striking ‘‘:
17
Provided further, That no funds made available by this or
18
any other Act shall be expended to promulgate or imple-
19
ment any rule requiring a physical inventory of any busi-
20
ness licensed under section 923 of title 18, United States
21
Code’’.
22
(c) FISCAL YEAR 2010.—The matter under the head-
23
ing ‘‘SALARIES AND EXPENSES’’ under the heading ‘‘BU-
24
REAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLO-
25
SIVES’’ in title II of division B of the Consolidated and
26
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•S 118 IS
Further Continuing Appropriations Act, 2010 (Public
1
Law 111–117; 123 Stat. 3128) is amended by striking
2
the seventh proviso.
3
(d) FISCAL YEAR 2009.—The matter under the head-
4
ing ‘‘SALARIES AND EXPENSES’’ under the heading ‘‘BU-
5
REAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLO-
6
SIVES’’ in title II of division B of the Omnibus Appropria-
7
tions Act, 2009 (Public Law 111–8; 123 Stat. 574) is
8
amended by striking the seventh proviso.
9
(e) FISCAL YEAR 2008.—The matter under the head-
10
ing ‘‘SALARIES AND EXPENSES’’ under the heading ‘‘BU-
11
REAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLO-
12
SIVES’’ in title II of division B of the Consolidated Appro-
13
priations Act, 2008 (Public Law 110–161; 121 Stat.
14
1903) is amended by striking the seventh proviso.
15
(f) FISCAL YEAR 2006.—The matter under the head-
16
ing ‘‘SALARIES AND EXPENSES’’ under the heading ‘‘BU-
17
REAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLO-
18
SIVES’’ in title I of the Science, State, Justice, Commerce,
19
and Related Agencies Appropriations Act, 2006 (Public
20
Law 109–108; 119 Stat. 2295) is amended by striking
21
the seventh proviso.
22
(g) FISCAL YEAR 2005.—The matter under the head-
23
ing ‘‘SALARIES AND EXPENSES’’ under the heading ‘‘BU-
24
REAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLO-
25
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•S 118 IS
SIVES’’ in title I of division B of the Consolidated Appro-
1
priations Act, 2005 (Public Law 108–447; 118 Stat.
2
2859) is amended by striking the seventh proviso.
3
(h) FISCAL YEAR 2004.—The matter under the
4
heading ‘‘SALARIES AND EXPENSES’’ under the heading
5
‘‘BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EX-
6
PLOSIVES’’ in title I of division B of the Consolidated Ap-
7
propriations Act, 2004 (Public Law 108–199; 118 Stat.
8
52) is amended by striking the seventh proviso.
9
SEC. 5. ELIMINATION OF REQUIREMENT THAT INSTANT
10
CHECK RECORDS BE DESTROYED WITHIN 24
11
HOURS.
12
(a) FISCAL YEAR 2012.—Section 511 of division B
13
of the Consolidated and Further Continuing Appropria-
14
tions Act, 2012 (34 U.S.C. 40901 note; Public Law 112–
15
55; 125 Stat. 632) is amended—
16
(1) by striking ‘‘—’’ and all that follows
17
through ‘‘(1)’’; and
18
(2) by striking the semicolon and all that fol-
19
lows and inserting a period.
20
(b) FISCAL YEAR 2010.—Section 511 of division B
21
of the Consolidated Appropriations Act, 2010 (Public Law
22
111–117; 123 Stat. 3151) is amended—
23
(1) by striking ‘‘—’’ and all that follows
24
through ‘‘(1)’’; and
25
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•S 118 IS
(2) by striking the semicolon and all that fol-
1
lows and inserting a period.
2
(c) FISCAL YEAR 2009.—Section 511 of division B
3
of the Omnibus Appropriations Act, 2009 (Public Law
4
111–8; 123 Stat. 596) is amended—
5
(1) by striking ‘‘—’’ and all that follows
6
through ‘‘(1)’’; and
7
(2) by striking the semicolon and all that fol-
8
lows and inserting a period.
9
(d) FISCAL YEAR 2008.—Section 512 of division B
10
of the Consolidated Appropriations Act, 2008 (Public Law
11
110–161; 121 Stat. 1926) is amended—
12
(1) by striking ‘‘—’’ and all that follows
13
through ‘‘(1)’’; and
14
(2) by striking the semicolon and all that fol-
15
lows and inserting a period.
16
(e) FISCAL YEAR 2006.—Section 611 of the Science,
17
State, Justice, Commerce, and Related Agencies Appro-
18
priations Act, 2006 (Public Law 119–108; 119 Stat.
19
2336) is amended—
20
(1) by striking ‘‘—’’ and all that follows
21
through ‘‘(1)’’; and
22
(2) by striking the semicolon and all that fol-
23
lows and inserting a period.
24
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•S 118 IS
(f) FISCAL YEAR 2005.—Section 615 of division B
1
of the Consolidated Appropriations Act, 2005 (Public Law
2
108–447; 118 Stat. 2915) is amended—
3
(1) by striking ‘‘—’’ and all that follows
4
through ‘‘(1)’’; and
5
(2) by striking the semicolon and all that fol-
6
lows and inserting a period.
7
(g) FISCAL YEAR 2004.—Section 617 of division B
8
of the Consolidated Appropriations Act, 2004 (Public Law
9
108–199; 118 Stat. 95) is amended—
10
(1) by striking ‘‘(a)’’;
11
(2) by striking ‘‘—’’ and all that follows
12
through ‘‘(1)’’; and
13
(3) by striking the semicolon and all that fol-
14
lows and inserting a period.
15
SEC. 6. ELIMINATION OF PROHIBITION ON PROCESSING OF
16
FREEDOM OF INFORMATION ACT REQUESTS
17
ABOUT ARSON OR EXPLOSIVES INCIDENTS
18
OR FIREARM TRACES.
19
Section 644 of division J of the Consolidated Appro-
20
priations Resolution, 2003 (5 U.S.C. 552 note; Public
21
Law 108–7; 117 Stat. 473) is repealed.
22
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•S 118 IS
SEC. 7. ELIMINATION OF PROHIBITIONS RELATING TO ‘‘CU-
1
RIOS OR RELICS’’ AND IMPORTATION OF SUR-
2
PLUS MILITARY FIREARMS.
3
(a) FISCAL YEAR 2023.—Section 535 of division B
4
of the Consolidated Appropriations Act, 2023 (Public Law
5
117–328) is repealed.
6
(b) FISCAL YEAR 2022.—Section 536 of division B
7
of the Consolidated Appropriations Act, 2022 (Public Law
8
117–103; 136 Stat. 152) is repealed.
9
(c) FISCAL YEAR 2020.—Section 538 of division B
10
of the Consolidated Appropriations Act, 2020 (Public Law
11
116–93; 133 Stat. 2433) is repealed.
12
(d) FISCAL YEAR 2019.—Section 517 of division C
13
of the Consolidated Appropriations Act, 2019 (Public Law
14
116–6; 133 Stat. 133) is repealed.
15
(e) FISCAL YEAR 2013.—The matter under the head-
16
ing ‘‘SALARIES AND EXPENSES’’ under the heading ‘‘BU-
17
REAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLO-
18
SIVES’’ in title II of division B of the Consolidated and
19
Further Continuing Appropriations Act, 2013 (18 U.S.C.
20
921 note; Public Law 113–6; 127 Stat. 247) is amended
21
by striking the first proviso.
22
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•S 118 IS
SEC. 8. ELIMINATION OF PROHIBITION ON DENIAL OF FED-
1
ERAL FIREARMS LICENSE DUE TO LACK OF
2
BUSINESS ACTIVITY.
3
(a) FISCAL YEAR 2013.—The matter under the head-
4
ing ‘‘SALARIES AND EXPENSES’’ under the heading ‘‘BU-
5
REAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLO-
6
SIVES’’ in title II of division B of the Consolidated and
7
Further Continuing Appropriations Act, 2013 (18 U.S.C.
8
923 note; Public Law 113–6; 127 Stat. 247) is amended
9
by striking ‘‘: Provided further, That, in the current fiscal
10
year and any fiscal year thereafter, no funds authorized
11
or made available under this or any other Act may be used
12
to deny any application for a license’’ and all that follows
13
through ‘‘Internal Revenue Code of 1986’’.
14
(b) FISCAL YEAR 2012.—The matter under the head-
15
ing ‘‘SALARIES AND EXPENSES’’ under the heading ‘‘BU-
16
REAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLO-
17
SIVES’’ in title II of division B of the Consolidated and
18
Further Continuing Appropriations Act, 2012 (Public
19
Law 112–55; 125 Stat. 609) is amended by striking ‘‘:
20
Provided further, That no funds authorized or made avail-
21
able under this or any other Act may be used to deny any
22
application for a license’’ and all that follows through ‘‘In-
23
ternal Revenue Code of 1986’’.
24
(c) FISCAL YEAR 2010.—The matter under the head-
25
ing ‘‘SALARIES AND EXPENSES’’ under the heading ‘‘BU-
26
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•S 118 IS
REAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLO-
1
SIVES’’ in title II of division B of the Consolidated and
2
Further Continuing Appropriations Act, 2010 (Public
3
Law 111–117; 123 Stat. 3128) is amended by striking
4
‘‘: Provided further, That no funds authorized or made
5
available under this or any other Act may be used to deny
6
any application for a license’’ and all that follows through
7
‘‘Internal Revenue Code of 1986’’.
8
(d) FISCAL YEAR 2009.—The matter under the head-
9
ing ‘‘SALARIES AND EXPENSES’’ under the heading ‘‘BU-
10
REAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLO-
11
SIVES’’ in title II of division B of the Omnibus Appropria-
12
tions Act, 2009 (Public Law 111–8; 123
[Text truncated for display. Full text available on Congress.gov.]