[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 377 Introduced in House (IH)]

114th CONGRESS
  1st Session
                                H. R. 377

    To amend chapter 44 of title 18, United States Code, to require 
   homemade firearms to have serial numbers, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 14, 2015

Mr. Honda (for himself, Mr. Hastings, Ms. Kelly of Illinois, Mr. Danny 
 K. Davis of Illinois, Mr. Conyers, Mr. Lowenthal, Ms. Schakowsky, and 
 Mr. Swalwell of California) introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To amend chapter 44 of title 18, United States Code, to require 
   homemade firearms to have serial numbers, 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 ``Homemade Firearms Accountability Act 
of 2015''.

SEC. 2. REQUIREMENT THAT HOMEMADE FIREARMS HAVE SERIAL NUMBERS.

    (a) In General.--Chapter 44 of title 18, United States Code, is 
amended by inserting after section 923 the following:
``Sec. 923A. Serial numbers for homemade firearms
    ``(a) Request.--A person who has attained 18 years of age and 
desires to make a firearm, or obtain a unique serial number or other 
identifying mark for a firearm made by the person after 1968, may 
request a licensed dealer to issue a unique serial number or other 
identifying mark for the firearm, which request shall describe the 
firearm involved, and state whether the firearm will be (or is) a 
handgun.
    ``(b) Consideration.--
            ``(1) Treatment of request as transfer proposal.--A request 
        made of a licensed dealer pursuant to subsection (a) with 
        respect to firearm shall be treated as a proposed transfer of 
        the firearm from the licensed dealer to the applicant, for 
        purposes of section 922(t) of this title and section 103 of the 
        Brady Handgun Violence Prevention Act.
            ``(2) Issuance of serial number.--A licensed dealer may 
        issue to an applicant a unique serial number and identifying 
        mark for a firearm pursuant to such a request if, applying 
        paragraph (1) of this subsection to the request, section 922(t) 
        or other law would not prohibit the licensed dealer from 
        transferring the firearm to the applicant.
            ``(3) Fee authority.--A licensed dealer may charge an 
        applicant a fee for each serial number and identifying mark 
        assigned and issued under this section, in an amount that is 
        not more than the actual costs associated with assigning and 
        issuing the serial number and identifying mark, and a fee for 
        contacting the national instant criminal background check 
        system with respect to the applicant.
    ``(c) Prohibitions; Requirements.--
            ``(1) Ban on making firearm before obtaining serial 
        number.--It shall be unlawful for any person, in or affecting 
        interstate or foreign commerce, to make a firearm, unless the 
        person has obtained a serial number and identifying mark for 
        the firearm under this section.
            ``(2) Ban on possession or transfer of firearm without 
        serial number.--It shall be unlawful for any person, in or 
        affecting interstate or foreign commerce, to possess or 
        transfer a firearm made by the person after 1968, unless--
                    ``(A) a serial number and identifying mark for the 
                firearm has been issued under this section;
                    ``(B) within 10 days after the issuance, the serial 
                number and identifying mark is stamped on or otherwise 
                permanently affixed to the firearm; and
                    ``(C) if the firearm is made from polymer plastic, 
                3.7 ounces of material type 17-4 PH stainless steel, on 
                which the unique serial number or identifying mark is 
                stamped or otherwise permanently affixed, are embedded 
                within the plastic.
            ``(3) Exceptions.--This subsection shall not apply to--
                    ``(A) a firearm to which a serial number has been 
                assigned pursuant to section 923 of this title or 
                chapter 53 of the Internal Revenue Code of 1986; or
                    ``(B) a licensed manufacturer.
    ``(d) Administrative Provision.--The Attorney General shall 
maintain, and make available on request, information on--
            ``(1) the number of serial numbers and identifying marks 
        issued under this section; and
            ``(2) the number of arrests for violations of this 
        section.''.
    (b) Penalties.--Section 924(a) of such title is amended--
            (1) in paragraph (5), by adding at the end the following: 
        ``For purposes of this paragraph, the issuance of a serial 
        number and identifying mark for a firearm in violation of 
        section 923A shall be considered a transfer of the firearm in 
        violation of section 922(t).''; and
            (2) by adding at the end the following:
    ``(8) Whoever knowingly violates section 923A(c) shall be fined 
under this title, imprisoned not more than 6 months (or, if the firearm 
involved in the violation is a handgun, 1 year), or both.''.
    (c) Clerical Amendment.--The table of sections for chapter 44 of 
such title is amended by inserting after the item relating to section 
923 the following:

``923A. Serial number requirement for homemade firearms.''.
    (d) Effective Date.--The amendments made by this section shall take 
effect on January 1, 2016.
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