[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 246 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                 S. 246

 To amend title 18, United States Code, to require federally licensed 
    firearms importers, manufacturers, and dealers to meet certain 
    requirements with respect to securing their firearms inventory, 
                business records, and business premises.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 2, 2023

 Mr. Durbin (for himself, Mr. Blumenthal, Mr. Markey, Ms. Warren, Mr. 
 Casey, Ms. Duckworth, Mrs. Gillibrand, and Mr. Murphy) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend title 18, United States Code, to require federally licensed 
    firearms importers, manufacturers, and dealers to meet certain 
    requirements with respect to securing their firearms inventory, 
                business records, and business premises.

    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 ``Safety Enhancements for Communities 
Using Reasonable and Effective Firearm Storage Act'' or the ``SECURE 
Firearm Storage Act''.

SEC. 2. SECURITY REQUIREMENTS FOR FEDERALLY LICENSED FIREARMS 
              IMPORTERS, MANUFACTURERS, AND DEALERS.

    (a) In General.--Section 923 of title 18, United States Code, is 
amended by adding at the end the following:
    ``(m) Security Requirements.--
            ``(1) Relation to provision governing gun shows.--This 
        subsection shall apply to a licensed importer, licensed 
        manufacturer, or licensed dealer except as provided in 
        subsection (j).
            ``(2) Firearm storage.--
                    ``(A) In general.--A person who is a licensed 
                importer, licensed manufacturer, or licensed dealer 
                shall keep and store each firearm in the business 
                inventory of the licensee at the premises covered by 
                the license.
                    ``(B) Means of storage.--When the premises covered 
                by the license are not open for business, the licensee 
                shall, with respect to each firearm in the business 
                inventory of the licensee--
                            ``(i) secure the firearm with a hardened 
                        steel rod \1/4\ inch thick through the space 
                        between the trigger guard, and the frame or 
                        receiver, of the firearm, with--
                                    ``(I) the steel rod secured by a 
                                hardened steel lock that has a shackle;
                                    ``(II) the lock and shackle 
                                protected or shielded from the use of a 
                                bolt cutter; and
                                    ``(III) the rod anchored to prevent 
                                the removal of the firearm from the 
                                premises; or
                            ``(ii) store the firearm in--
                                    ``(I) a locked fireproof safe;
                                    ``(II) a locked gun cabinet (and if 
                                the locked gun cabinet is not steel, 
                                each firearm within the cabinet shall 
                                be secured with a hardened steel rod 
                                \1/4\ inch thick, protected or shielded 
                                from the use of a bolt cutter and 
                                anchored to prevent the removal of the 
                                firearm from the premises); or
                                    ``(III) a locked vault.
            ``(3) Paper record storage.--When the premises covered by 
        the license are not open for business, the licensee shall store 
        each paper record of the business inventory and firearm 
        transactions of, and other dispositions of firearms by, the 
        licensee at the premises in a secure location such as a locked 
        fireproof safe or locked vault.
            ``(4) Additional security requirements.--The Attorney 
        General may, by regulation, prescribe such additional security 
        requirements as the Attorney General determines appropriate 
        with respect to the firearms business conducted by a licensed 
        importer, licensed manufacturer, or licensed dealer, such as 
        requirements relating to the use of--
                    ``(A) alarm and security camera systems;
                    ``(B) site hardening;
                    ``(C) measures to secure any electronic record of 
                the business inventory and firearm transactions of, and 
                other dispositions of firearms by, the licensee; and
                    ``(D) other measures necessary to reduce the risk 
                of theft at the business premises of a licensee.''.
    (b) Penalties.--Section 924 of title 18, United States Code, is 
amended by adding at the end the following:
    ``(q) Penalties for Noncompliance With Firearms Licensee Security 
Requirements.--
            ``(1) In general.--
                    ``(A) Penalty.--With respect to a violation by a 
                licensee of section 923(m) or a regulation issued under 
                that section, the Attorney General, after notice and 
                opportunity for hearing--
                            ``(i) in the case of the first violation or 
                        related series of violations on the same date, 
                        shall subject the licensee to a civil penalty 
                        in an amount equal to not less than $1,000 and 
                        not more than $10,000;
                            ``(ii) in the case of the second violation 
                        or related series of violations on the same 
                        date--
                                    ``(I) shall suspend the license 
                                issued to the licensee under this 
                                chapter until the licensee cures the 
                                violation; and
                                    ``(II) may subject the licensee to 
                                a civil penalty in an amount provided 
                                in clause (i); or
                            ``(iii) in the case of the third violation 
                        or related series of violations on the same 
                        date--
                                    ``(I) shall revoke the license 
                                issued to the licensee under this 
                                chapter; and
                                    ``(II) may subject the licensee to 
                                a civil penalty in an amount provided 
                                in clause (i).
                    ``(B) Review.--An action of the Attorney General 
                under this paragraph may be reviewed only as provided 
                under section 923(f).
            ``(2) Administrative remedies.--The imposition of a civil 
        penalty or suspension or revocation of a license under 
        paragraph (1) shall not preclude any administrative remedy that 
        is otherwise available to the Attorney General.''.
    (c) Application Requirement.--Section 923 of title 18, United 
States Code, is amended--
            (1) in subsection (a), in the second sentence, by striking 
        ``be in such form and contain only that'' and inserting 
        ``describe how the applicant plans to comply with subsection 
        (m) and shall be in such form and contain only such other''; 
        and
            (2) in subsection (d)(1)--
                    (A) in subparagraph (F), by striking ``and'' at the 
                end;
                    (B) in subparagraph (G), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(H) the Attorney General determines that the description 
        in the application of how the applicant plans to comply with 
        subsection (m) would, if implemented, so comply.''.
    (d) Effective Dates.--
            (1) Initial firearm storage requirements.--Section 
        923(m)(2) of title 18, United States Code, as added by 
        subsection (a), shall take effect on the date that is 1 year 
        after the date of enactment of this Act.
            (2) Initial paper records storage requirements.--Section 
        923(m)(3) of title 18, United States Code, as added by 
        subsection (a), shall take effect on the date that is 90 days 
        after the date of enactment of this Act.
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