Federal

Crime Gun Tracing Modernization Act of 2023

Source: Congress.gov · 872 words in original text

What This Bill Does

This bill requires the National Tracing Center of the Bureau of Alcohol, Tobacco, Firearms and Explosives to create electronic databases (searchable computer systems) that track firearms as they are imported, made, shipped, received, sold or otherwise transferred. The law aims to help law enforcement trace guns used in crimes.

Who It Affects

Licensed firearms dealers (people and businesses with government permission to sell guns), the National Tracing Center, the Bureau of Alcohol, Tobacco, Firearms and Explosives, federal and state law enforcement agencies, and state and local governments.

Key Provisions

• The National Tracing Center must establish and maintain searchable electronic databases of all firearm records within 3 years of the law passing, containing information on importation, production, shipment, receipt, sale or other disposition of firearms (Sec. 2(B)) • Licensed dealers can voluntarily give non-electronic records to the Bureau of Alcohol, Tobacco, Firearms and Explosives after 10 years have passed since the firearm transaction, or for paper records with no open entries after 10 years (Sec. 2(D)) • Databases can only be searched by acquisition or disposition date, license number, and firearm details like manufacturer, model, serial number, type and caliber or gauge, but not by personally identifiable information (names, addresses, etc.) of individuals (Sec. 2(G)) • The National Tracing Center can only access databases for legitimate law enforcement investigations, foreign intelligence information purposes, or compliance inspections of active dealers (Sec. 2(F))

What Changes

Currently, firearms records exist mostly on paper with licensed dealers. This law requires those records be converted into searchable electronic databases controlled by the National Tracing Center, allowing law enforcement to trace firearms more quickly and efficiently.

Important Definitions

The bill defines "foreign intelligence information" by referring to the meaning given in section 101 of the Foreign Intelligence Surveillance Act of 1978. (Foreign intelligence information means information needed for national security purposes.)

Effective Date

Not specified in bill text

I 118TH CONGRESS 1ST SESSION H. R. 730 To amend section 923 of title 18, United States Code, to require an electronic, searchable database of the importation, production, shipment, receipt, sale, or other disposition of firearms. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 1, 2023 Mr. PASCRELL introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend section 923 of title 18, United States Code, to require an electronic, searchable database of the importa- tion, production, shipment, receipt, sale, or other disposi- tion of firearms. 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 ‘‘Crime Gun Tracing 4 Modernization Act of 2023’’. 5 SEC. 2. ELECTRONIC, SEARCHABLE DATABASES. 6 Section 923(g) of title 18, United States Code, is 7 amended by adding at the end the following: 8 VerDate Sep 11 2014 00:10 Feb 22, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H730.IH H730 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 730 IH ‘‘(8)(A) In this paragraph, the term ‘foreign intel- 1 ligence information’ has the meaning given the term in 2 section 101 of the Foreign Intelligence Surveillance Act 3 of 1978 (50 U.S.C. 1801). 4 ‘‘(B) Not later than 3 years after the date of enact- 5 ment of this paragraph, the National Tracing Center of 6 the Bureau of Alcohol, Tobacco, Firearms and Explosives 7 shall establish and maintain electronic, searchable data- 8 bases of all records within its possession of the importa- 9 tion, production, shipment, receipt, sale, or other disposi- 10 tion of firearms required to be submitted to the Bureau 11 of Alcohol, Tobacco, Firearms and Explosives by persons 12 licensed under this chapter. 13 ‘‘(C) Each licensee under this chapter may provide 14 the National Tracing Center with electronic access, con- 15 sistent with the requirements of this paragraph, to all 16 records within the licensee’s possession that are required 17 to be kept under this chapter. 18 ‘‘(D) A licensee may voluntarily relinquish possession 19 of any non-electronic record required to be kept under this 20 chapter to the Bureau of Alcohol, Tobacco, Firearms and 21 Explosives if— 22 ‘‘(i) 10 years have elapsed from the date of the 23 firearm transaction; or 24 VerDate Sep 11 2014 00:10 Feb 22, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H730.IH H730 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 730 IH ‘‘(ii) in the case of paper acquisition and dis- 1 position books, 10 years have elapsed without any 2 open disposition entries and with no dispositions re- 3 corded in the record. 4 ‘‘(E) The National Tracing Center— 5 ‘‘(i) shall have remote access to and may query, 6 search, or otherwise access the electronic databases 7 described in this paragraph; and 8 ‘‘(ii) may, with the permission of a State, or po- 9 litical subdivision of a State, have remote access to, 10 and may query, search, or otherwise access the data- 11 bases of the firearms registration system or pawn- 12 broker records system of the State or political sub- 13 division. 14 ‘‘(F) The National Tracing Center may query, 15 search, or otherwise access the electronic databases de- 16 scribed in this paragraph for only the following purposes: 17 ‘‘(i) To obtain information related to a bona 18 fide law enforcement investigation by a Federal, 19 State, local, tribal, or foreign law enforcement agen- 20 cy. 21 ‘‘(ii) To obtain information that is— 22 ‘‘(I) foreign intelligence information; or 23 VerDate Sep 11 2014 00:10 Feb 22, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H730.IH H730 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 730 IH ‘‘(II) necessary to understand, or assess 1 the importance of, foreign intelligence informa- 2 tion. 3 ‘‘(iii) To obtain information necessary during a 4 compliance inspection of an active licensee who has 5 submitted non-electronic records in accordance with 6 subparagraph (D). 7 ‘‘(G) The databases established under this para- 8 graph— 9 ‘‘(i) shall be electronically searchable by date of 10 acquisition or disposition, license number, and the 11 information identified on each firearm or other fire- 12 arm descriptor, including the manufacturer, im- 13 porter, model, serial number, type, and caliber or 14 gauge; 15 ‘‘(ii) shall not be electronically searchable by 16 the personally identifiable information of any indi- 17 vidual; and 18 ‘‘(iii) shall include in search results the entire 19 contents of the relevant records kept by the licensee. 20 ‘‘(H) This paragraph shall take effect notwith- 21 standing any other provision of law, including any tem- 22 porary or permanent restrictions placed on funds made 23 VerDate Sep 11 2014 00:10 Feb 22, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H730.IH H730 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •HR 730 IH available to the Bureau of Alcohol, Tobacco, Firearms and 1 Explosives, or the Department of Justice.’’. 2 Æ VerDate Sep 11 2014 00:10 Feb 22, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H730.IH H730 pbinns on DSKJLVW7X2PROD with $$_JOB

Important: This plain English summary was generated by AI and is provided for informational purposes only. It is not legal advice. Always consult the official bill text on Congress.gov or a qualified attorney for legal matters.