117 HR 5245 IH: Gun Trafficker Detection Act
U.S. House of Representatives
2021-09-14
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I
117th CONGRESS
1st Session
H. R. 5245
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.
1.

Short title
This Act may be cited as the “Gun Trafficker Detection Act”.
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).
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.