[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4818 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 4818

       To combat illegal gun trafficking, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 18, 2007

   Mr. King of New York (for himself and Mr. Rangel) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
       To combat illegal gun trafficking, 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 ``Detectives Nemorin and Andrews Anti-
Gun Trafficking Act of 2008''.

SEC. 2. ILLEGAL GUN TRAFFICKING.

    Section 924 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(q) Whoever, in or affecting interstate or foreign commerce in 
violation of subsection (a)(1)(A), (a)(3), (a)(6), (b)(2), (b)(3), 
(b)(5), (d), (g), (i), (j), (k), (m), or (n) of section 922 or 
subsection (c) or (h) of this section--
            ``(1) offers for sale, transfer, or barter 2 or more 
        firearms, at least 2 of which are handguns, semiautomatic 
        assault weapons, short-barreled shotguns, short-barreled 
        rifles, or machineguns; and
            ``(2) at least 1 of the firearms--
                    ``(A) is transported, received, or possessed by the 
                person, and--
                            ``(i) is stolen; or
                            ``(ii) has had the importer's or 
                        manufacturer's serial number removed, 
                        obliterated, or altered; or
                    ``(B) is offered by the person for sale, transfer, 
                or barter to another person who--
                            ``(i) is prohibited from possessing a 
                        firearm under subsection (g) or (n) of section 
                        922;
                            ``(ii) is prohibited by State law from 
                        possessing a firearm;
                            ``(iii) has not attained 18 years of age, 
                        except as otherwise allowed under Federal or 
                        State law;
                            ``(iv) is in a school zone; or
                            ``(v) has travelled from any State into any 
                        other State, and acquires or attempts to 
                        acquire the firearm otherwise in violation of 
                        Federal or State law,
shall be fined under this title, imprisoned not more than 20 years, or 
both.''.

SEC. 3. EXPANSION OF PROJECT SAFE NEIGHBORHOODS.

    Section 104 of the 21st Century Department of Justice 
Appropriations Authorization Act (Public Law 107-273) is amended--
            (1) in subsection (a), by inserting ``, illegal gun 
        trafficking,'' after ``violence'' ; and
            (2) in subsection (b), by striking ``2002'' and inserting 
        ``2008''.

SEC. 4. REPORT TO THE CONGRESS.

    Beginning in calendar year 2008, the Attorney General shall submit 
biennially to the Congress a written report, covering the preceding 2 
years, which specifies--
            (1) the State of origin for each firearm, used in a crime, 
        that was traced by the Bureau of Alcohol, Tobacco, Firearms, 
        and Explosives, and the State in which the firearm was 
        recovered;
            (2) the total number of firearms so traced, by 
        manufacturer, model, and type of firearm;
            (3) the name of Federal firearms licensees who have had 
        more than 5 firearms, used in a crime, traced back to them in a 
        single year; and
            (4) the number of prosecutions for each individual offense 
        under sections 922, 923, and 924 of title 18, United States 
        Code.

SEC. 5. ADDITIONAL PENALTY FOR POSSESSION OF A STOLEN FIREARM DURING 
              THE COMMISSION OF A FELONY.

    Section 924 of title 18, United States Code, as amended by section 
2 of this Act, is amended by adding at the end the following:
    ``(r) Whoever, during and in relation to the commission of a crime 
punishable by imprisonment for a term exceeding 1 year, receives, 
possesses, conceals, barters, sells, or disposes of any stolen firearm 
or stolen ammunition, in or affecting interstate or foreign commerce, 
whether or not the person is aware that the firearm or ammunition is 
stolen, shall, in addition to the punishment provided for the crime so 
punishable, be sentenced to a term of imprisonment of not more than 5 
years.''.

SEC. 6. NATIONAL CRIME INFORMATION CENTER STOLEN GUN FILE.

    (a) Availability.--The Federal Bureau of Investigation shall make 
available to the Bureau of Alcohol, Tobacco, Firearms, and Explosives 
the National Crime Information Center Gun File for the purpose of 
enabling the Bureau of Alcohol, Tobacco, Firearms, and Explosives to 
access the file while completing a crime gun trace.
    (b) Use.--The Bureau of Alcohol, Tobacco, Firearms, and Explosives 
shall conduct a search of the National Crime Information Center Stolen 
Gun File with respect to each firearm submitted to the Bureau of 
Alcohol, Tobacco, Firearms, and Explosives for tracing.
    (c) Notification Regarding Stolen Firearms.--If a law enforcement 
agency requests the Bureau of Alcohol, Tobacco, Firearms, and 
Explosives to trace a firearm, and the National Crime Information 
Center Stolen Gun File indicates that the firearm is stolen, then the 
Bureau of Alcohol, Tobacco, Firearms, and Explosives shall notify the 
law enforcement agency of that information and provide the law 
enforcement agency with any available information regarding the owner 
of the firearm.
    (d) Return of Stolen Firearms Possessed by BATFE.--If the Bureau of 
Alcohol, Tobacco, Firearms, and Explosives possesses a firearm which 
the National Crime Information Center Stolen Gun File indicates is 
stolen, the Bureau shall return the firearm to the person who reported 
the firearm stolen, when the Bureau determines that--
            (1) the firearm is no longer needed for Federal, State, or 
        local criminal investigation or evidentiary purposes; and
            (2) the person is entitled to possess the firearm.
    (e) National Instant Stolen Gun Check System.--
            (1) Establishment.--Within 2 years after the date of the 
        enactment of this Act, the Attorney General shall establish a 
        national instant stolen gun check system that any licensee may 
        contact, by telephone or other electronic means, for 
        information to be supplied immediately on whether a firearm to 
        be received by the licensee is stolen.
            (2) Instant check of status of firearms to be transferred 
        to certain federal firearms licensees by non-licensees.--If the 
        national instant stolen gun check system is contacted by a 
        licensee for information on whether a firearm to be received by 
        the licensee is stolen, the system shall, as soon as is 
        practicable--
                    (A) conduct a search of the National Crime 
                Information Center Stolen Gun File for information 
                about the firearm; and
                    (B) inform the licensee whether the information 
                available to the system indicates that the firearm is 
                stolen.
            (3) Notification of licensees.--On establishment of the 
        national instant stolen gun check system under this subsection, 
        the Attorney General shall notify each licensee and the chief 
        law enforement officer of each State of the existence and 
        purpose of the system and the means to be used to contact the 
        system.
            (4) Permanent retention of records.--The national instant 
        stolen gun check system shall create and maintain permanently a 
        record of each contact of the system, and all information 
        provided to or by the system during the contact.
            (5) Definitions.--In this section:
                    (A) Licensee.--The term ``licensee'' means a 
                licensed dealer (as defined in section 921(a)(11) of 
                title 18, United States Code), licensed importer (as 
                defined in section 921(a)(9) of such title), or 
                licensed manufacturer (as defined in section 921(a)(10) 
                of such title).
                    (B) Firearm.--The term ``firearm'' has the meaning 
                given in section 921(a)(3) of title 18, United States 
                Code.
    (f) Federal Firearms Licensee Required To Contact National Instant 
Stolen Gun Check System Before Receiving Firearm From Non-Licensee.--
            (1) In general.--Section 922(s) of title 18, United States 
        Code, is amended to read as follows:
    ``(s)(1) Beginning on the date that is 30 days after the Attorney 
General notifies licensees under section 6(e)(3) of the Detectives 
Nemorin and Andrews Anti-Gun Trafficking Act of 2008 that the national 
instant stolen gun check system is established, a licensed importer, 
licensed manufacturer, or licensed dealer shall not receive a firearm 
from any person who is not licensed under this chapter, unless--
            ``(A) the licensee has verified the identity of the person 
        by examining a valid identification document (as defined in 
        section 1028(d) of this title) of the person that satisfies the 
        requirements of section 202 of the REAL ID Act of 2005;
            ``(B) the licensee has contacted the national instant 
        stolen gun check system established under subsection (e) of 
        such section 6, and provided the system with--
                    ``(i) the name and address of the person;
                    ``(ii) a description of the identification document 
                referred to in subparagraph (A) of this paragraph, 
                including the number appearing on the document; and
                    ``(iii) the name of the manufacturer, and the 
                caliber and serial number, of the firearm; and
            ``(C)(i) the system has provided the licensee with a unique 
        identification number; or
            ``(ii) 3 business days (meaning a day on which State 
        offices are open) have elapsed since the licensee contacted the 
        system, and the system has not notified the licensee that the 
        firearm is stolen.
    ``(2) If the system determines that the information available to 
the system does not indicate that the firearm is stolen, the system 
shall--
            ``(A) assign a unique identification number to the 
        transaction; and
            ``(B) provide the licensee with the number.
    ``(3) If the system notifies the licensee that the information 
available to the system indicates that the firearm is stolen, the 
licensee shall contact the Bureau of Alcohol, Tobacco, Firearms, and 
Explosives or another law enforcement agency having jurisdiction over 
possession of stolen firearms in the dealer's location and shall comply 
with the instructions of any such agency concerning the disposition of 
the firearm, the gathering of information relating to the offeror of 
the firearm, and other assistance in the removal of the firearm from 
the stream of commerce.
    ``(4) If the licensee knowingly receives the firearm from the 
person and knowingly fails to comply with paragraph (1) with respect to 
the receipt and, at the time of the receipt, the system was operating 
and information was available to the system indicating that the firearm 
was stolen, the Attorney General may, after notice and opportunity for 
a hearing, suspend for not more than 6 months or revoke any license 
issued to the licensee under section 923, and may impose on the 
licensee a civil fine of not more than $5,000.
    ``(5)(A) This subsection shall not be interpreted to limit any 
exercise of authority under subsection (d)(1)(C) or (e) of section 923.
    ``(B) In the event of a conflict between the provisions of this 
subsection and a rule or regulation issued under section 923(j), the 
provisions of this subsection shall control.''.
            (2) Recordkeeping requirement.--Section 923(g)(1)(A) of 
        such title is amended by inserting after the 1st sentence the 
        following: ``In the case of the receipt of a firearm pursuant 
        to section 922(s), in addition to the requirements of such 
        regulations, the importer, manufacturer, or dealer shall retain 
        a record of the information described in section 922(s)(1)(B), 
        a copy of the identification document referred to in section 
        922(s)(1)(A), and a record of the unique identification number 
        provided to the licensee pursuant to section 922(s)(1)(C), with 
        respect to the transaction.''.

SEC. 7. ADDITIONAL PENALTY FOR POSSESSION OF A FIREARM WITH AN 
              OBLITERATED SERIAL NUMBER DURING THE COMMISSION OF A 
              FELONY.

    Section 924 of title 18, United States Code, as amended by sections 
2 and 5 of this Act, is amended by adding at the end the following:
    ``(s) Whoever, during and in relation to the commission of a crime 
punishable by imprisonment for a term exceeding 1 year, transports, 
possesses, or receives, in or affecting interstate or foreign commerce, 
a firearm which has had the importer's or manufacturer's serial number 
removed, obliterated, or altered, regardless of whether or not the 
person is aware of the removal, obliteration, or alteration, shall, in 
addition to the punishment provided for the crime so punishable, be 
sentenced to a term of imprisonment of not more than 5 years.''.

SEC. 8. ENHANCED PENALTIES FOR THE USE OF A STOLEN FIREARM OR A FIREARM 
              WITH AN OBLITERATED SERIAL NUMBER DURING THE COMMISSION 
              OF A CRIME OF VIOLENCE OR DRUG TRAFFICKING CRIME.

    Section 924(c)(1)(A) of title 18, United States Code, is amended--
            (1) in clause (i), by inserting ``, or if the firearm was 
        stolen or had the manufacturer's serial number removed, 
        obliterated, or altered, not less than 7 years'' after 
        ``years'';
            (2) in clause (ii), by inserting ``, or if the firearm was 
        stolen or had the manufacturer's serial number removed, 
        obliterated, or altered, not less than 9 years'' after 
        ``years''; and
            (3) in clause (iii), by inserting ``, or if the firearm was 
        stolen or had the manufacturer's serial number removed, 
        obliterated, or altered, not less than 12 years'' after 
        ``years''.
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