[Congressional Record Volume 165, Number 21 (Monday, February 4, 2019)]
[Senate]
[Pages S833-S834]
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, Ms. Duckworth, and Mrs. Gillibrand):
  S. 320. 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. 320

       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.

[[Page S834]]

       ``(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.
                                 ______