[Congressional Record Volume 163, Number 169 (Thursday, October 19, 2017)]
[Senate]
[Page S6645]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Mr. DURBIN (for himself, Mr. Blumenthal, Mr. Markey, Ms.
Warren, Mr. Casey, Mrs. Gillibrand, and Ms. Duckworth):
S. 1992. 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; to the Committee on
the Judiciary.
Mr. DURBIN. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 1992
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; and
``(C) 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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