[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3563 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 3563

       To prevent the theft of firearms from commercial carriers.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 1, 2000

 Mr. Blagojevich introduced the following bill; which was referred to 
                     the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
       To prevent the theft of firearms from commercial carriers.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. DUTIES OF COMMERCIAL CARRIERS WHO ARE SHIPPING FIREARMS.

    (a) In General.--Section 922 of title 18, United States Code, is 
amended by inserting after subsection (y) the following:
    ``(z)(1) A common or contract carrier who is transporting, 
shipping, or delivering a firearm in interstate or foreign commerce--
            ``(A) shall, through electronic tracking, be aware of the 
        identity of each individual who has custody of or control over 
        the firearm, and the location of the firearm;
            ``(B) shall complete the transportation, shipment, or 
        delivery within 24 hours;
            ``(C) shall report the theft or loss of the firearm within 
        24 hours after the theft or loss is discovered, to the 
        Secretary and to the appropriate local authorities; and
            ``(D) shall not authorize an individual to have such 
        custody or control, or assign to any individual the function of 
        being aware of the information described in subparagraph (A) of 
        this paragraph, unless the common or contract carrier--
                    ``(i) has contacted the national instant criminal 
                background check system established under section 103 
                of the Brady Handgun Violence Prevention Act and 
                requested information from the system on whether 
                receipt of a firearm by the individual would violate 
                subsection (g) or (n) of this section or State law; and
                    ``(ii) has received from the system an indication 
                that receipt of a firearm by the individual would not 
                violate subsection (g) or (n) of this section or State 
                law.
    ``(2) Paragraph (2) of subsection (t) shall apply to this 
subsection as if the common or contract carrier were the licensee and 
the request for information described in paragraph (1)(D) of this 
subsection were a transfer.''.
    (b) Civil Money Penalties.--Section 924 of such title is amended by 
adding at the end the following:
    ``(p) The Secretary shall impose on any common or contract carrier 
who violates section 922(z) a civil money penalty in an amount equal to 
not less than $100,000 and not more than $250,000, for each shipment 
with respect to which violation occurs.''.
    (c) Authority of Commercial Carriers To Contact and Receive 
Information From the National Instant Criminal Background Check 
System.--
            (1) In general.--Section 103(b) of the Brady Handgun 
        Violence Prevention Act (18 U.S.C. 922 note) is amended--
                    (A) by inserting ``or common carrier'' after 
                ``licensee''; and
                    (B) by inserting ``or employee'' after 
                ``transferee''.
            (2) Conforming amendments.--Section 103(g) of such Act (18 
        U.S.C. 922 note) is amended by inserting ``or employee'' after 
        ``transferee'' each place it appears.

SEC. 2. LOWER THRESHOLD OF PROOF IN CASES ALLEGING FAILURE OF LICENSEE 
              TO REPORT THEFT OR LOSS OF FIREARM.

    Section 924(a)(1) of title 18, United States Code, is amended--
            (1) by striking ``or'' at the end of subparagraph (C);
            (2) by redesignating subparagraph (D) as subparagraph (E); 
        and
            (3) by inserting after subparagraph (C) the following:
            ``(D) knowingly or with reckless disregard violates section 
        923(g)(6); or''.

SEC. 3. INCREASE IN PENALTY FOR STEALING A FIREARM.

    Subsections (l) and (m) of section 922 of title 18, United States 
Code, are each amended by striking ``not more than 10 years'' and 
inserting ``not less than 5 years and not more than 20 years''.
                                 <all>