[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 722 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 722
To combat illegal gun trafficking, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 14, 2013
Mr. King of New York (for himself, Mr. Bishop of New York, Mr. Moran,
Mr. Farr, and Mr. Rangel) introduced the following bill; which was
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To combat illegal gun trafficking, 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 ``Detectives Nemorin and Andrews Anti-
Gun Trafficking Act of 2013''.
SEC. 2. ILLEGAL GUN TRAFFICKING.
Section 924 of title 18, United States Code, is amended by adding
at the end the following:
``(q) Whoever, in or affecting interstate or foreign commerce in
violation of subsection (a)(1)(A), (a)(3), (a)(6), (b)(2), (b)(3),
(b)(5), (d), (g), (i), (j), (k), (m), or (n) of section 922 or
subsection (c) or (h) of this section--
``(1) offers for sale, transfer, or barter 2 or more
firearms, at least 2 of which are handguns, semiautomatic
assault weapons, short-barreled shotguns, short-barreled
rifles, or machineguns; and
``(2) at least 1 of the firearms--
``(A) is transported, received, or possessed by the
person, and--
``(i) is stolen; or
``(ii) has had the importer's or
manufacturer's serial number removed,
obliterated, or altered; or
``(B) is offered by the person for sale, transfer,
or barter to another person who--
``(i) is prohibited from possessing a
firearm under subsection (g) or (n) of section
922;
``(ii) is prohibited by State law from
possessing a firearm;
``(iii) has not attained 18 years of age,
except as otherwise allowed under Federal or
State law;
``(iv) is in a school zone; or
``(v) has travelled from any State into any
other State, and acquires or attempts to
acquire the firearm otherwise in violation of
Federal or State law,
shall be fined under this title, imprisoned not more than 20 years, or
both.''.
SEC. 3. EXPANSION OF PROJECT SAFE NEIGHBORHOODS.
Section 104 of the 21st Century Department of Justice
Appropriations Authorization Act (Public Law 107-273) is amended--
(1) in subsection (a), by inserting ``, illegal gun
trafficking,'' after ``violence''; and
(2) in subsection (b), by striking ``2002'' and inserting
``2013''.
SEC. 4. REPORT TO THE CONGRESS.
Beginning in calendar year 2013, the Attorney General shall submit
biennially to the Congress a written report, covering the preceding 2
years, which specifies--
(1) the State of origin for each firearm, used in a crime,
that was traced by the Bureau of Alcohol, Tobacco, Firearms,
and Explosives, and the State in which the firearm was
recovered;
(2) the total number of firearms so traced, by
manufacturer, model, and type of firearm;
(3) the name of Federal firearms licensees who have had
more than 5 firearms, used in a crime, traced back to them in a
single year; and
(4) the number of prosecutions for each individual offense
under sections 922, 923, and 924 of title 18, United States
Code.
SEC. 5. ADDITIONAL PENALTY FOR POSSESSION OF A STOLEN FIREARM DURING
THE COMMISSION OF A FELONY.
Section 924 of title 18, United States Code, as amended by section
2 of this Act, is amended by adding at the end the following:
``(r) Whoever, during and in relation to the commission of a crime
punishable by imprisonment for a term exceeding 1 year, receives,
possesses, conceals, barters, sells, or disposes of any stolen firearm
or stolen ammunition, in or affecting interstate or foreign commerce,
whether or not the person is aware that the firearm or ammunition is
stolen, shall, in addition to the punishment provided for the crime so
punishable, be sentenced to a term of imprisonment of not more than 5
years.''.
SEC. 6. NATIONAL CRIME INFORMATION CENTER STOLEN GUN FILE.
(a) Availability.--The Federal Bureau of Investigation shall make
available to the Bureau of Alcohol, Tobacco, Firearms, and Explosives
the National Crime Information Center Gun File for the purpose of
enabling the Bureau of Alcohol, Tobacco, Firearms, and Explosives to
access the file while completing a crime gun trace.
(b) Use.--The Bureau of Alcohol, Tobacco, Firearms, and Explosives
shall conduct a search of the National Crime Information Center Stolen
Gun File with respect to each firearm submitted to the Bureau of
Alcohol, Tobacco, Firearms, and Explosives for tracing.
(c) Notification Regarding Stolen Firearms.--If a law enforcement
agency requests the Bureau of Alcohol, Tobacco, Firearms, and
Explosives to trace a firearm, and the National Crime Information
Center Stolen Gun File indicates that the firearm is stolen, then the
Bureau of Alcohol, Tobacco, Firearms, and Explosives shall notify the
law enforcement agency of that information and provide the law
enforcement agency with any available information regarding the owner
of the firearm.
(d) Return of Stolen Firearms Possessed by BATFE.--If the Bureau of
Alcohol, Tobacco, Firearms, and Explosives possesses a firearm which
the National Crime Information Center Stolen Gun File indicates is
stolen, the Bureau shall return the firearm to the person who reported
the firearm stolen, when the Bureau determines that--
(1) the firearm is no longer needed for Federal, State, or
local criminal investigation or evidentiary purposes; and
(2) the person is entitled to possess the firearm.
(e) National Instant Stolen Gun Check System.--
(1) Establishment.--Within 2 years after the date of the
enactment of this Act, the Attorney General shall establish a
national instant stolen gun check system that any licensee may
contact, by telephone or other electronic means, for
information to be supplied immediately on whether a firearm to
be received by the licensee is stolen.
(2) Instant check of status of firearms to be transferred
to certain federal firearms licensees by non-licensees.--If the
national instant stolen gun check system is contacted by a
licensee for information on whether a firearm to be received by
the licensee is stolen, the system shall, as soon as is
practicable--
(A) conduct a search of the National Crime
Information Center Stolen Gun File for information
about the firearm; and
(B) inform the licensee whether the information
available to the system indicates that the firearm is
stolen.
(3) Notification of licensees.--On establishment of the
national instant stolen gun check system under this subsection,
the Attorney General shall notify each licensee and the chief
law enforcement officer of each State of the existence and
purpose of the system and the means to be used to contact the
system.
(4) Permanent retention of records.--The national instant
stolen gun check system shall create and maintain permanently a
record of each contact of the system, and all information
provided to or by the system during the contact.
(5) Definitions.--In this section:
(A) Licensee.--The term ``licensee'' means a
licensed dealer (as defined in section 921(a)(11) of
title 18, United States Code), licensed importer (as
defined in section 921(a)(9) of such title), or
licensed manufacturer (as defined in section 921(a)(10)
of such title).
(B) Firearm.--The term ``firearm'' has the meaning
given in section 921(a)(3) of title 18, United States
Code.
(f) Federal Firearms Licensee Required To Contact National Instant
Stolen Gun Check System Before Receiving Firearm From Non-Licensee.--
(1) In general.--Section 922(s) of title 18, United States
Code, is amended to read as follows:
``(s)(1) Beginning on the date that is 30 days after the Attorney
General notifies licensees under section 6(e)(3) of the Detectives
Nemorin and Andrews Anti-Gun Trafficking Act of 2013 that the national
instant stolen gun check system is established, a licensed importer,
licensed manufacturer, or licensed dealer shall not receive a firearm
from any person who is not licensed under this chapter, unless--
``(A) the licensee has verified the identity of the person
by examining a valid identification document (as defined in
section 1028(d) of this title) of the person that satisfies the
requirements of section 202 of the REAL ID Act of 2005;
``(B) the licensee has contacted the national instant
stolen gun check system established under subsection (e) of
such section 6, and provided the system with--
``(i) the name and address of the person;
``(ii) a description of the identification document
referred to in subparagraph (A) of this paragraph,
including the number appearing on the document; and
``(iii) the name of the manufacturer, and the
caliber and serial number, of the firearm; and
``(C)(i) the system has provided the licensee with a unique
identification number; or
``(ii) 3 business days (meaning a day on which State
offices are open) have elapsed since the licensee contacted the
system, and the system has not notified the licensee that the
firearm is stolen.
``(2) If the system determines that the information available to
the system does not indicate that the firearm is stolen, the system
shall--
``(A) assign a unique identification number to the
transaction; and
``(B) provide the licensee with the number.
``(3) If the system notifies the licensee that the information
available to the system indicates that the firearm is stolen, the
licensee shall contact the Bureau of Alcohol, Tobacco, Firearms, and
Explosives or another law enforcement agency having jurisdiction over
possession of stolen firearms in the dealer's location and shall comply
with the instructions of any such agency concerning the disposition of
the firearm, the gathering of information relating to the offeror of
the firearm, and other assistance in the removal of the firearm from
the stream of commerce.
``(4) If the licensee knowingly receives the firearm from the
person and knowingly fails to comply with paragraph (1) with respect to
the receipt and, at the time of the receipt, the system was operating
and information was available to the system indicating that the firearm
was stolen, the Attorney General may, after notice and opportunity for
a hearing, suspend for not more than 6 months or revoke any license
issued to the licensee under section 923, and may impose on the
licensee a civil fine of not more than $5,000.
``(5)(A) This subsection shall not be interpreted to limit any
exercise of authority under subsection (d)(1)(C) or (e) of section 923.
``(B) In the event of a conflict between the provisions of this
subsection and a rule or regulation issued under section 923(j), the
provisions of this subsection shall control.''.
(2) Recordkeeping requirement.--Section 923(g)(1)(A) of
such title is amended by inserting after the 1st sentence the
following: ``In the case of the receipt of a firearm pursuant
to section 922(s), in addition to the requirements of such
regulations, the importer, manufacturer, or dealer shall retain
a record of the information described in section 922(s)(1)(B),
a copy of the identification document referred to in section
922(s)(1)(A), and a record of the unique identification number
provided to the licensee pursuant to section 922(s)(1)(C), with
respect to the transaction.''.
SEC. 7. ADDITIONAL PENALTY FOR POSSESSION OF A FIREARM WITH AN
OBLITERATED SERIAL NUMBER DURING THE COMMISSION OF A
FELONY.
Section 924 of title 18, United States Code, as amended by sections
2 and 5 of this Act, is amended by adding at the end the following:
``(s) Whoever, during and in relation to the commission of a crime
punishable by imprisonment for a term exceeding 1 year, transports,
possesses, or receives, in or affecting interstate or foreign commerce,
a firearm which has had the importer's or manufacturer's serial number
removed, obliterated, or altered, regardless of whether or not the
person is aware of the removal, obliteration, or alteration, shall, in
addition to the punishment provided for the crime so punishable, be
sentenced to a term of imprisonment of not more than 5 years.''.
SEC. 8. ENHANCED PENALTIES FOR THE USE OF A STOLEN FIREARM OR A FIREARM
WITH AN OBLITERATED SERIAL NUMBER DURING THE COMMISSION
OF A CRIME OF VIOLENCE OR DRUG TRAFFICKING CRIME.
Section 924(c)(1)(A) of title 18, United States Code, is amended--
(1) in clause (i), by inserting ``, or if the firearm was
stolen or had the manufacturer's serial number removed,
obliterated, or altered, not less than 7 years'' after
``years'';
(2) in clause (ii), by inserting ``, or if the firearm was
stolen or had the manufacturer's serial number removed,
obliterated, or altered, not less than 9 years'' after
``years''; and
(3) in clause (iii), by inserting ``, or if the firearm was
stolen or had the manufacturer's serial number removed,
obliterated, or altered, not less than 12 years'' after
``years''.
<all>