[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5245 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 5245

 To require lost or stolen firearms to be reported to law enforcement 
          authorities within 48 hours, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 14, 2021

    Mr. Casten (for himself, Ms. Kelly of Illinois, and Mr. Deutch) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To require lost or stolen firearms to be reported to law enforcement 
          authorities within 48 hours, 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 ``Gun Trafficker Detection Act''.

SEC. 2. REPORTING OF LOST OR STOLEN FIREARMS TO LAW ENFORCEMENT 
              AUTHORITIES.

    (a) Reporting Requirement.--
            (1) In general.--Section 922 of title 18, United States 
        Code, is amended by adding at the end the following:
    ``(aa)(1) Within 48 hours after a person not licensed under this 
chapter who owns a firearm that has been shipped or transported in, or 
has been possessed in or affecting, interstate or foreign commerce, 
discovers or should have discovered the theft or loss of the firearm, 
the person shall report the theft or loss to the Attorney General. If 
the report to the Attorney General is not submitted through a web 
portal created by the Attorney General for such purpose, the person 
shall report the theft or loss to local law enforcement authorities.
    ``(2) Within 72 hours after the Attorney General receives a report 
through the web portal pursuant to paragraph (1), the Attorney General 
shall notify the chief law enforcement officer of the jurisdiction in 
which the theft or loss occurred of the name and address of the 
reporting person.''.
            (2) Creation of web-based portal for reporting.--Within 180 
        days after the date of the enactment of this Act, the Attorney 
        General shall create a web-based electronic portal, which 
        members of the public may use to report the theft or loss of a 
        firearm to the Attorney General pursuant to section 922(aa) of 
        title 18, United States Code, that includes a notice to users 
        of the penalties under section 924(a)(1) of such title for 
        knowingly making a false statement or representation in such a 
        report.
            (3) Penalties.--Section 924 of such title is amended by 
        adding at the end the following:
    ``(q) With respect to a violation of section 922(aa), the Attorney 
General shall, after notice and opportunity for a hearing--
            ``(1)(A) in the case of a first violation, subject the 
        person to a civil money penalty of not more than $1,000; or
            ``(B) in the case of a second or subsequent violation, 
        subject the person to a civil money penalty of not more than 
        $5,000; and
            ``(2) in the case of any violation, notify the person of 
        the prohibitions set forth in section 922(bb).''.
    (b) Prohibition on Firearm Receipt After Multiple Convictions.--
            (1) In general.--Section 922 of such title, as amended by 
        subsection (a)(1) of this section, is amended by adding at the 
        end the following:
    ``(bb)(1) It shall be unlawful for a person who has been twice 
assessed a civil money penalty under section 924(q) to receive a 
firearm during the 1-year period that begins with the date of the most 
recent such assessment.
    ``(2) It shall be unlawful for a person who has been thrice 
assessed a civil money penalty under section 924(q) to receive a 
firearm during the 5-year period that begins with the date of the most 
recent such assessment.''.
            (2) Penalties.--Section 924(a)(5) of such title is amended 
        by striking ``or (t)'' and inserting ``(t), or (bb)''.
    (c) Prohibition on False Reporting.--Section 924(a)(1)(A) of such 
title is amended by striking ``chapter or'' and inserting ``chapter, in 
reporting a lost or stolen firearm pursuant to section 922(aa), or''.
    (d) Updating of National Instant Criminal Background Check 
System.--
            (1) In general.--Within 6 months after the date of the 
        enactment of this Act, the Attorney General shall promulgate 
        such rules as are necessary to ensure that--
                    (A) the national instant criminal background check 
                system takes account of section 922(bb) of title 18, 
                United States Code, in performing the functions of the 
                system; and
                    (B) all persons licensed under chapter 44 of such 
                title provide notice of the penalties for violations of 
                section 922(aa) of such title to any person not so 
                licensed who acquires a firearm from the licensee.
            (2) Conforming amendments.--
                    (A) The following provisions of section 103 of the 
                Brady Handgun Violence Prevention Act (34 U.S.C. 40901) 
                are each amended by striking ``(g) or (n)'' each place 
                it appears and inserting ``(g), (n), or (bb)'':
                            (i) Subparagraphs (A), (C), (F)(iii)(I), 
                        and (G)(i) of subsection (e)(1).
                            (ii) Subsection (g).
                            (iii) Subsection (i)(2).
                    (B) The following provisions of title 18, United 
                States Code, are each amended by striking ``(g) or 
                (n)'' and inserting ``(g), (n), or (bb)'':
                            (i) Section 922(t)(1)(B)(ii).
                            (ii) Section 922(t)(2).
                            (iii) Section 922(t)(4).
                            (iv) Section 922(t)(5).
                            (v) Section 923(g)(3)(B).
                            (vi) Section 925A(2).

SEC. 3. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall take effect 90 
days after the date of the enactment of this Act.
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