[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 3096 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 3096

    To amend chapter 44 of title 18, United States Code, to require 
  ballistics testing of all firearms manufactured and all firearms in 
                      custody of Federal agencies.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 10, 2002

   Mr. Kohl (for himself, Mrs. Feinstein, Mr. Schumer, and Mr. Reed) 
introduced the following bill; which was read twice and referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To amend chapter 44 of title 18, United States Code, to require 
  ballistics testing of all firearms manufactured and all firearms in 
                      custody of Federal agencies.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ballistics, Law Assistance, and 
Safety Technology Act'' or the ``BLAST Act''.

SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1) to increase public safety by assisting law enforcement 
        in solving more gun-related crimes and offering prosecutors 
        evidence to link felons to gun crimes through ballistics 
        technology;
            (2) to provide for ballistics testing of all new firearms 
        for sale to assist in the identification of firearms used in 
        crimes;
            (3) to require ballistics testing of all firearms in 
        custody of Federal agencies to assist in the identification of 
        firearms used in crimes; and
            (4) to add ballistics testing to existing firearms 
        enforcement programs.

SEC. 3. DEFINITION OF BALLISTICS.

    Section 921(a) of title 18, United States Code, is amended by 
adding at the end the following:
            ``(35) Ballistics.--The term `ballistics' means a 
        comparative analysis of fired bullets and cartridge casings to 
        identify the firearm from which bullets and cartridge casings 
        were discharged, through identification of the unique 
        characteristics that each firearm imprints on bullets and 
        cartridge casings.''.

 SEC. 4. TEST FIRING AND AUTOMATED STORAGE OF BALLISTICS RECORDS.

    (a) Amendment.--Section 923 of title 18, United States Code, is 
amended by adding at the end the following:
    ``(m)(1) In addition to the other licensing requirements under this 
section, a licensed manufacturer or licensed importer shall--
            ``(A) test fire firearms manufactured or imported by such 
        licensees as specified by the Secretary by regulation;
            ``(B) prepare ballistics images of the fired bullet and 
        cartridge casings from the test fire;
            ``(C) make the records available to the Secretary for entry 
        in a computerized database; and
            ``(D) store the fired bullet and cartridge casings in such 
        a manner and for such a period as specified by the Secretary by 
        regulation.
    ``(2) Nothing in this subsection creates a cause of action against 
any Federal firearms licensee or any other person for any civil 
liability except for imposition of a civil penalty under this section.
    ``(3)(A) The Attorney General and the Secretary shall assist 
firearm manufacturers and importers in complying with paragraph (1) 
through--
            ``(i) the acquisition, disposition, and upgrades of 
        ballistics equipment and bullet and cartridge casing recovery 
        equipment to be placed at or near the sites of licensed 
        manufacturers and importers;
            ``(ii) the hiring or designation of personnel necessary to 
        develop and maintain a database of ballistics images of fired 
        bullets and cartridge casings, research and evaluation;
            ``(iii) providing education about the role of ballistics as 
        part of a comprehensive firearm crime reduction strategy;
            ``(iv) providing for the coordination among Federal, State, 
        and local law enforcement and regulatory agencies and the 
        firearm industry to curb firearm-related crime and illegal 
        firearm trafficking; and
            ``(v) any other steps necessary to make ballistics testing 
        effective.
    ``(B) The Attorney General and the Secretary shall--
            ``(i) establish a computer system through which State and 
        local law enforcement agencies can promptly access ballistics 
        records stored under this subsection, as soon as such a 
        capability is available; and
            ``(ii) encourage training for all ballistics examiners.
    ``(4) Not later than 1 year after the date of enactment of this 
subsection and annually thereafter, the Attorney General and the 
Secretary shall submit to the Committee on the Judiciary of the Senate 
and the Committee on the Judiciary of the House of Representatives a 
report regarding the impact of this section, including--
            ``(A) the number of Federal and State criminal 
        investigations, arrests, indictments, and prosecutions of all 
        cases in which access to ballistics records provided under this 
        section served as a valuable investigative tool in the 
        prosecution of gun crimes;
            ``(B) the extent to which ballistics records are accessible 
        across jurisdictions; and
            ``(C) a statistical evaluation of the test programs 
        conducted pursuant to section 6 of the Ballistics, Law 
        Assistance, and State Technology Act.
    ``(5) There is authorized to be appropriated to the Department of 
Justice and the Department of the Treasury for each of fiscal years 
2001 through 2004, $20,000,000 to carry out this subsection, 
including--
            ``(A) installation of ballistics equipment and bullet and 
        cartridge casing recovery equipment;
            ``(B) establishment of sites for ballistics testing;
            ``(C) salaries and expenses of necessary personnel; and
            ``(D) research and evaluation.
    ``(6) The Secretary and the Attorney General shall conduct 
mandatory ballistics testing of all firearms obtained or in the 
possession of their respective agencies.''.
    (b) Effective Date.--
            (1) In general.--Except as provided in paragraphs (2) and 
        (3), the amendment made by subsection (a) shall take effect on 
        the date on which the Attorney General and the Secretary of the 
        Treasury, in consultation with the Board of the National 
        Integrated Ballistics Information Network, certify that the 
        ballistics systems used by the Department of Justice and the 
        Department of the Treasury are sufficiently interoperable to 
        make mandatory ballistics testing of new firearms possible.
            (2) Ballistics testing.--Section 923(m)(1) of title 18, 
        United States Code, as added by subsection (a), shall take 
        effect 5 years after the date of enactment of this Act.
            (3) Effective on date of enactment.--Section 923(m)(6) of 
        title 18, United States Code, as added by subsection (a), shall 
        take effect on the date of enactment of this Act.

SEC. 5. PRIVACY RIGHTS OF LAW ABIDING CITIZENS.

    Ballistics information of individual guns in any form or database 
established by this Act may not be used for prosecutorial purposes 
unless law enforcement officials have a reasonable belief that a crime 
has been committed and that ballistics information would assist in the 
investigation of that crime.
                                 <all>