[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1983 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                S. 1983

 To amend title 18 of the United States Code, to enhance the authority 
of the Bureau of Alcohol, Tobacco, Firearms, and Explosives to enforce 
the compliance of gun dealers with Federal firearms laws, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 9, 2003

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

_______________________________________________________________________

                                 A BILL


 
 To amend title 18 of the United States Code, to enhance the authority 
of the Bureau of Alcohol, Tobacco, Firearms, and Explosives to enforce 
the compliance of gun dealers with Federal firearms laws, and for other 
                               purposes.

    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 ``So No Innocent Person Ever Repeats 
the Sniper Tragedy Act of 2003'' or the ``SNIPER Act of 2003''.

SEC. 2. ENFORCING COMPLIANCE WITH RECORD KEEPING REQUIREMENTS.

    (a) Inspections.--Section 923(g)(1) of title 18, United States 
Code, is amended--
            (1) in subparagraph (B)(ii)(I), by striking ``once'' and 
        inserting ``4 times'';
            (2) in subparagraph (C)(i), by striking ``once'' and 
        inserting ``4 times'';
            (3) by redesignating subparagraph (D) as subparagraph (E); 
        and
            (4) by inserting after subparagraph (C), the following:
                    ``(D) If a licensed importer, licensed 
                manufacturer, licensed dealer, or licensed collector is 
                found in violation of this chapter, or the related 
                regulations, the Attorney General shall inspect or 
                examine the inventory and records of such violator not 
                less than once each year during the 3 years following 
                such violation.''.
    (b) Ammunition Sales.--Section 923(g)(1)(A) is amended in the first 
sentence by striking ``firearms at his'' and inserting ``firearms and 
ammunition, except on .22 caliber rimfire ammunition, at such 
licensee's''.
    (c) Penalty Enhancement.--Section 924(a)(1) of title 18, United 
States Code, is amended--
            (1) in subparagraph (C), by striking ``or'' at the end;
            (2) by redesignating subparagraph (D) as subparagraph (E); 
        and
            (3) by inserting after subparagraph (C) the following:
            ``(D) willfully violates section 923(g); or''.

SEC. 3. ENFORCEMENT ACTIONS AGAINST VIOLATORS OF FEDERAL FIREARMS LAWS.

    (a) Suspensions.--Section 924 of title 18, United States Code, as 
amended by section 2(c), is further amended by adding at the end the 
following:
    ``(q) A licensed importer, manufacturer, dealer, or collector who 
violates any provision of this chapter, or the related regulations, may 
be subject to--
            ``(1) the revocation of any applicable license;
            ``(2) the suspension of any applicable license; or
            ``(3) a fine under this title.''.
    (b) Warning Letters; Notices; Fines.--Section 923(g) of title 18, 
United States Code, is amended by adding at the end the following:
    ``(8) If an inspection under paragraph (1) reveals that a licensee 
has violated any provision of this chapter, or the related regulations, 
the Attorney General shall--
            ``(A) issue a warning letter to the alleged violator, and 
        maintain a copy of such letter, along with any written report 
        prepared by the inspector--
                    ``(i) in the files of the appropriate Director of 
                Industry Operations; and
                    ``(ii) at the headquarters of the Bureau of 
                Alcohol, Tobacco, Firearms, and Explosives;
            ``(B) issue a notice of revocation of the license and 
        conduct the appropriate proceedings; or
            ``(C) issue a notice of revocation, suspension, or 
        imposition of a civil fine, and conduct the appropriate 
        proceedings.''.
    (c) Timeliness of Enforcement Actions.--The Attorney General shall, 
by regulation, require the Director of Industry Operations of the 
Bureau of Alcohol, Tobacco, Firearms, and Explosives to issue a final 
decision within 120 days from the date on which a notice of revocation, 
suspension, or imposition of a civil fine is mailed to a licensee (as 
that term is defined in section 103(j)(1) of the Brady Handgun Violence 
Prevention Act (18 U.S.C. 922 note).
    (d) Judicial Stays of Enforcement Actions.--Section 923(f)(3) of 
title 18, United States Code, is amended by striking the period at the 
end of the first sentence and inserting ``, and shall not postpone the 
effective date of such decision unless so ordered by a United States 
district court judge or magistrate who has jurisdiction over the 
matter.''.
    (e) Enforcement Action not Dependent Upon Criminal Conviction.--
Section 923(f) of title 18, United States Code, is amended by striking 
paragraph (4).

SEC. 4. RESTRICTION OF GUN SALES TO IN-STATE RESIDENTS.

    Section 922(b)(3) of title 18, United States Code, is amended by 
striking ``(A) shall not apply'' and all that follows through ``and 
(B)''.

SEC. 5. BALLISTICS TESTING OF FIREARMS.

    (a) Short Title.--This section may be cited as the ``Technological 
Resource to Assist Criminal Enforcement Act'' or the ``TRACE Act''.
    (b) Purposes.--The purposes of this section 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.
    (c) Definition of Ballistics.--Section 921(a) of title 18, United 
States Code, is amended by adding at the end the following:
    ``(36) 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 markings that each firearm imprints on 
bullets and cartridge casings.''.
    (d) Test Firing and Automated Storage of Ballistics Records.--
            (1) 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 Attorney General by regulation;
            ``(B) prepare ballistics images of the fired bullet and 
        cartridge casings from the test fire;
            ``(C) make the records available to the Attorney General 
        for entry into the electronic database established under 
        paragraph (3)(B); and
            ``(D) store the fired bullet and cartridge casings in such 
        a manner and for such a period as specified by the Attorney 
        General 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 shall assist firearm manufacturers 
and importers in complying with paragraph (1) by--
            ``(i) acquiring, installing, and upgrading ballistics 
        equipment and bullet and cartridge casing recovery equipment to 
        be placed at locations readily accessible to licensed 
        manufacturers and importers;
            ``(ii) hiring or designating sufficient personnel 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) taking other necessary steps to make ballistics 
        testing effective.
    ``(B) The Attorney General shall--
            ``(i) establish an electronic database--
                    ``(I) through which State and local law enforcement 
                agencies can promptly access the ballistics records 
                stored under this subsection, as soon as such 
                capability is available; and
                    ``(II) that shall not include any identifying 
                information regarding dealers, collectors, or 
                purchasers of firearms; and
            ``(ii) require training for all ballistics examiners.
    ``(4) The Attorney General shall conduct mandatory ballistics 
testing of all firearms obtained or in the possession of their 
respective agencies.
    ``(5) Not later than 3 years after the date of enactment of this 
subsection, and annually thereafter, the Attorney General shall submit 
to the Committees on the Judiciary of the Senate and the House of 
Representatives a report regarding the implementation 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 the 
        system established under this section and under similar systems 
        operated by any State, 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 paragraph (4).
    ``(6) There are authorized to be appropriated to the Department of 
Justice $20,000,000 for each of the fiscal years 2005 through 2008 to 
carry out this subsection, to be used to--
            ``(A) install ballistics equipment and bullet and cartridge 
        casing recovery equipment;
            ``(B) establish sites for ballistics testing;
            ``(C) pay salaries and expenses of necessary personnel; and
            ``(D) conduct related research and evaluation.''.
            (2) Effective date.--
                    (A) In general.--Except as provided in 
                subparagraphs (A) and (B), the amendment made by 
                paragraph (1) shall take effect on the date on which 
                the Attorney General, in consultation with the Board of 
                the National Integrated Ballistics Information Network, 
                certifies that the ballistics system used by the 
                Department of Justice is sufficiently developed to 
                support mandatory ballistics testing of new firearms.
                    (B) Ballistics testing.--Section 923(m)(1) of title 
                18, United States Code, as added by paragraph (1), 
                shall take effect 2 years after the date of enactment 
                of this Act.
                    (C) Effective on date of enactment.--Section 
                923(m)(4) of title 18, United States Code, as added by 
                paragraph (1), shall take effect on the date of 
                enactment of this Act.
    (e) Privacy Rights of Law Abiding Citizens.--Ballistics information 
of individual guns in any form or database established by this section 
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.

SEC. 6. ADDITIONAL FUNDING FOR THE BUREAU OF ALCOHOL, TOBACCO, 
              FIREARMS, AND EXPLOSIVES.

    (a) Gun Crime Task Forces.--
            (1) In general.--The Attorney General shall establish, 
        within each field division of the Bureau of Alcohol, Tobacco, 
        Firearms, and Explosives, a group of inspectors, agents, and 
        support personnel to be known as the ``gun crime task force''.
            (2) Purpose.--The gun crime task forces established 
        pursuant to paragraph (1) shall investigate, and assist in the 
        regulation of, and if appropriate, the prosecution of, 
        licensees (as that term is defined in section 103(j)(1) of the 
        Brady Handgun Violence Prevention Act (18 U.S.C. 922 note)) and 
        unlicensed dealers, who are suspected of violating chapter 44 
        or 96 of title 18, United States Code.
    (b) Authorization of Appropriations.--
            (1) Gun crime task forces.--There are authorized to be 
        appropriated $10,000,000 for each of the fiscal years 2005 
        through 2008 to carry out the provisions of subsection (a).
            (2) Industry operations.--There are authorized to be 
        appropriated $25,000,000 for each of the fiscal years 2005 
        through 2008 to employ additional inspectors, regulators, and 
        employees in the Industry Operations field divisions of the 
        Bureau of Alcohol, Tobacco, Firearms, and Explosives.
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