I 

114TH CONGRESS 

1ST SESSION H. R. 3830 

To reduce gun violence, increase mental health counseling, and enhance the 

tracking of lost and stolen firearms. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 26, 2015 

Ms. VELA ́ZQUEZ (for herself and Mr. JEFFRIES) introduced the following bill; 

which was referred to the Committee on Ways and Means, and in addition to the Committees on the Judiciary and Energy and Commerce, for 

a period to be subsequently determined by the Speaker, in each case for 

consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To reduce gun violence, increase mental health counseling, 

and enhance the tracking of lost and stolen firearms. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Reducing Gun Violence 

5 in our Neighborhoods Act of 2015’’. 

6 SEC. 2. TAX ON FIREARMS. 

7 (a) IN GENERAL.—Section 4181 of the Internal Rev8 enue Code of 1986 is amended— 


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1 (1) by striking ‘‘There is hereby’’ and inserting 

2 the following: 

3 ‘‘(a) IN GENERAL.—There is hereby’’, and 

4 (2) by adding at the end the following new sub5 section: 

6 ‘‘(b) ADDITIONAL TAX ON FIREARMS.—In addition 

7 to the tax imposed by subsection (a), there is hereby im8 posed upon the sale by the manufacturer, producer, or im9 porter of any firearm a tax in the amount of $100.’’. 

10 (b) EXEMPTION FOR FIREARMS ACQUIRED FOR LAW

11 ENFORCEMENT.—Section 4182 of such Code is amended 

12 by redesignating subsection (d) as subsection (e) and by 

13 inserting after subsection (c) the following new subsection: 

14 ‘‘(d) EXEMPTION FROM ADDITIONAL TAX FOR FIRE15 ARMS ACQUIRED FOR LAW ENFORCEMENT.—The tax im16 posed by section 4181(b) shall not apply to any firearm 

17 which is purchased by the United States or by a State 

18 or local government for police or other law enforcement 

19 purposes.’’. 

20 (c) EFFECTIVE DATE.—The amendments made by 

21 this section shall apply to sales in calendar months begin22 ning after the date of the enactment of this Act. 


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1 SEC. 3. ESTABLISHMENT OF GUN VIOLENCE REDUCTION 

2 AND MENTAL HEALTH COUNSELING TRUST 

3 FUND. 

4 (a) IN GENERAL.—Subchapter A of chapter 98 of the 

5 Internal Revenue Code of 1986 is amended by adding at 

6 the end the following new section: 

7 ‘‘SEC. 9512. GUN VIOLENCE REDUCTION AND MENTAL 

8 HEALTH COUNSELING TRUST FUND. 

9 ‘‘(a) CREATION OF TRUST FUND.—There is estab10 lished in the Treasury of the United States a trust fund 

11 to be known as the ‘Gun Violence Reduction and Mental 

12 Health Counseling Trust Fund’, consisting of such 

13 amounts as may be appropriated or credited to such fund 

14 as provided in this section or section 9602(b). 

15 ‘‘(b) TRANSFERS TO TRUST FUND.—There are here16 by appropriated to the Gun Violence Reduction and Men17 tal Health Counseling Trust Fund amounts equivalent to 

18 taxes received in the Treasury under section 4181(b). 

19 ‘‘(c) EXPENDITURES.—Amounts in the Gun Violence 

20 Reduction and Mental Health Counseling Trust Fund 

21 shall be available, without need of further appropriation 

22 and without regard to any fiscal year limitation, as fol23 lows: 

24 ‘‘(1) 50 percent of such amounts for making ex25 penditures to carry out, with respect to block grants 

26 for community mental health services, subparts I 


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1 and III of part B of title XIX of the Public Health 

2 Service Act (42 U.S.C. 300x et seq.), and 

3 ‘‘(2) 50 percent of such amounts for making ex4 penditures to carry out subpart 1 of part E of the 

5 Omnibus Crime Control and Safe Streets Act of 

6 1968 (42 U.S.C. 3750 et seq.). 

7 Amounts made available under this subsection shall sup8 plement and not supplant amounts otherwise made avail9 able to carry out the provisions referred to this sub10 section.’’. 

11 (b) CLERICAL AMENDMENT.—The table of sections 

12 for subchapter A of chapter 98 of such Code is amended 

13 by adding at the end the following new item: 

‘‘Sec. 9512. Gun Violence Reduction and Mental Health Counseling Trust 

Fund.’’. 

14 SEC. 4. PASSIVE CAPABILITY TO IDENTIFY LOST AND STO15 LEN FIREARMS. 

16 (a) ESTABLISHMENT OF NATIONAL STANDARD.— 

17 (1) IN GENERAL.—The Attorney General shall, 

18 in consultation with the National Institute for 

19 Standards and Technology, establish in regulations a 

20 national standard for the incorporation of a passive 

21 identification capability into all firearms sold in the 

22 United States. 


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1 (2) PASSIVE IDENTIFICATION CAPABILITY DE2 FINED.—In this section, the term ‘‘passive identi3 fication capability’’ means a technology that— 

4 (A) enables a firearm to be identified by a 

5 mobile or fixed reading device; and 

6 (B) does not emit or broadcast an elec7 tronic signal or other information that would 

8 enable the firearm or its owner to be monitored 

9 or tracked. 

10 (3) CONSIDERATIONS.—In developing the 

11 standard, the Attorney General shall give equal pri12 ority to the following: 

13 (A) The right of firearm owners to main14 tain their full right to privacy under the 4th 

15 Amendment and their right to legally own fire16 arms under the 2nd Amendment. 

17 (B) The ability of law enforcement authori18 ties to use the capability to track lost and sto19 len guns. 

20 (C) The ability of manufacturers to incor21 porate the capability using existing firearm 

22 manufacturing processes. 

23 (D) The resistance to tampering and de24 struction of the technology used to incorporate 

25 the capability. 


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1 (b) PROHIBITION; PENALTY.— 

2 (1) PROHIBITION.—It shall be unlawful for a 

3 person, in or affecting interstate or foreign com4 merce, to manufacture a firearm that does not have 

5 a passive identification capability that meets the na6 tional standard established under subsection (a). 

7 (2) CIVIL PENALTY.—After notice and oppor8 tunity for hearing, the Attorney General shall im9 pose on a person who violates paragraph (1) a civil 

10 money penalty in such amount, not exceeding 

11 $1,000 per firearm, as the Attorney General shall 

12 prescribe in regulations. 

13 (3) EFFECTIVE DATE.—This subsection shall 

14 take effect on such date as the Attorney General 

15 shall prescribe in regulations that is not later than 

16 3 years after the establishment of the national 

17 standard under subsection (a). 

18 SEC. 5. REPORTING OF LOST AND STOLEN FIREARMS. 

19 (a) IN GENERAL.—Within 1 year after the date of 

20 the enactment of this Act, the Director of the Bureau of 

21 Alcohol, Tobacco, Firearms, and Explosives shall establish 

22 a database of firearms reported to be lost or stolen in the 

23 United States, which shall be known as the ‘‘National 

24 Database of Lost and Stolen Firearms’’. 


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1 (b) CONTENTS.—The database shall include the fol2 lowing information with respect to each firearm reported 

3 to the database: 

4 (1) A description of the firearm, including the 

5 type of the firearm. 

6 (2) Whether the firearm is reported lost or sto7 len. 

8 (3) The date of the report. 

9 (4) The name of the owner of the firearm, if 

10 known. 

11 (5) The name and location of the person from 

12 whom the firearm was obtained, if known. 

13 (6) The location where the firearm is reported 

14 to have been lost or stolen. 

15 (7) Whether the firearm has been reported to 

16 the database as having been recovered, since being 

17 reported to the database as lost or stolen. 

18 (c) AVAILABILITY OF DATABASE.—The information 

19 in the database shall be made available to all Federal, 

20 State, and local law enforcement authorities. 

21 (d) REPORTING OF LOST OR STOLEN FIREARMS TO

22 LOCAL LAW ENFORCEMENT AUTHORITIES.— 

23 (1) REPORTING REQUIREMENT.—Section 922 

24 of title 18, United States Code, is amended by add25 ing at the end the following: 


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1 ‘‘(aa) Within 48 hours after a person who owns a 

2 firearm that has been shipped or transported in interstate 

3 or foreign commerce discovers the theft or loss of the fire4 arm, the person shall report the theft or loss to local law 

5 enforcement authorities.’’. 

6 (2) PENALTY.—Section 924 of such title is 

7 amended by adding at the end the following: 

8 ‘‘(q) PENALTY FOR FAILURE TO REPORT LOSS OR

9 THEFT OF FIREARM.—Whoever violates section 922(aa) 

10 shall be fined $10,000 with respect to each firearm in11 volved in the violation.’’. 

12 (e) REQUIREMENT THAT LOCAL LAW ENFORCE13 MENT AUTHORITIES REPORT LOST OR STOLEN FIRE14 ARMS TO THE NATIONAL REGISTRY.—Within 7 days after 

15 a local law enforcement authority receives a report that 

16 a firearm is lost or stolen, the authority shall transmit 

17 the report to the National Database of Lost and Stolen 

18 Firearms. 

Æ 


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