II 110th CONGRESS 1st Session S. 77 IN THE SENATE OF THE UNITED STATES January 4, 2007 Mr. Schumer introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To improve the tracking of stolen firearms and firearms used in a crime, to allow more frequent inspections of gun dealers to ensure compliance with Federal gun law, to enhance the penalties for gun trafficking, and for other purposes.

1.

Short title

This Act may be cited as the Anti-Gun Trafficking Penalties Enhancement Act of 2007.

2.

Firearms Trace System

(a)

In general

The Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2006 (Public Law 109–108) is amended in title I, under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives, by striking Provided further, That no funds appropriated under this or any other Act with respect to any fiscal year may be used to disclose part or all of the contents of the Firearms Trace System database and all that follows through section 921(a)(10) of such title):. (b)

Requests for information

Upon receipt of a written request from a State or local government or law enforcement agency for information contained in the Firearms Trace System database maintained by the National Trace Center of the Bureau of Alcohol, Tobacco, Firearms and Explosives (or any successor database or agency), the Attorney General shall provide all data in such database that is responsive to such request for information.

3.

Stolen firearms

(a)

Definition

As used in this section, the term firearm has the meaning given the term by section 921 of title 18, United States Code. (b)

Federal officials

If a Federal law enforcement agency investigates the commission of a crime and determines that a specific firearm is known to have been stolen or to have been used in such crime, the agency shall provide information regarding the firearm to the Bureau of Alcohol, Firearms, Tobacco, and Explosives, for inclusion in the Firearms Trace System database. (c)

State and local officials

Section 1702 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd–1) is amended by adding at the end the following: (e)

Stolen firearms

(1)

Definition

As used in this subsection, the term firearm has the meaning given the term by section 921 of title 18, United States Code. (2)

Reporting

If a State or local law enforcement agency receiving a grant under this part investigates the commission of a crime and determines that a specific firearm is known to have been stolen or to have been used in such crime, the agency shall provide information regarding the firearm to the Bureau of Alcohol, Firearms, Tobacco, and Explosives, for inclusion in the Firearms Trace System database. .

4.

Inspections of gun dealers

Section 923(g)(1)(B)(ii) of title 18, United States Code, is amended by striking subclause (I) and inserting the following: (I)at any time that the Attorney General may reasonably require; and .

5.

Illegal firearms trafficking

(a)

Increased maximum term of imprisonment

Section 924 of title 18, United States Code, is amended— (1)in subsection (a)(2)— (A)by inserting (A) after (2); (B)by striking (d),; and (C)by adding at the end the following: (B)Whoever knowingly violates subsection (d) of section 922 shall be fined under this title, imprisoned not more than 20 years, or both. ; (2)in subsection (g), by striking 10 years, fined in accordance with and inserting 20 years, fined under; (3)in subsection (h), by striking 10 years, fined in accordance with and inserting 20 years, fined under; and (4)in subsection (n), by striking 10 years and inserting 20 years. (b)

Racketeering activity

Section 1961(1) of title 18, United States Code, is amended by inserting section 922(d) (relating to firearms sales to ineligible persons), subsections (g), (h), and (n) of section 924 (relating to illegal firearms trafficking), before section 1028.