I 

118TH CONGRESS 

2D SESSION H. R. 8828 

To enhance safety and security at federally licensed gun shops, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 25, 2024 

Mr. MORELLE (for himself, Ms. BLUNT ROCHESTER, Mr. FOSTER, Ms. SCANLON, Mr. KRISHNAMOORTHI, Ms. MENG, Mr. JOHNSON of Georgia, Ms. 

NORTON, Ms. JACKSON LEE, Mr. TORRES of New York, and Ms. SCHAKOWSKY) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Rules, 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 enhance safety and security at federally licensed gun 

shops, and for other purposes. 

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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Gun Theft Prevention Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents of 

7 this Act is as follows: 


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Sec. 1. Short title; table of contents. 

Sec. 2. Gun shop security measures. 

Sec. 3. Repeal of prohibition on use of funds to implement rule requiring physical inventory by Federal firearms licensees. 

Sec. 4. Inspections. 

Sec. 5. Employee background checks. 

Sec. 6. Gun store thefts. 

Sec. 7. Civil enforcement. 

Sec. 8. No effect on State laws governing dealing in firearms. 

Sec. 9. Repeal of prohibition on denial of Federal firearm license due to lack 

of business activity. 

Sec. 10. Repeal of limitations relating to use of firearms trace data. 

Sec. 11. Lost and stolen reporting requirement. 

Sec. 12. Report on implementation of this Act. 

Sec. 13. Hearing. 

Sec. 14. Deadline for issuance of final regulations. 

1 SEC. 2. GUN SHOP SECURITY MEASURES. 

2 (a) REGULATIONS.— 

3 (1) IN GENERAL.—Section 926 of title 18, 

4 United States Code, is amended by adding at the 

5 end the following: 

6 ‘‘(d) The Attorney General shall prescribe such regu7 lations as are necessary to ensure that any premises at 

8 which a licensed dealer deals in firearms are secure from 

9 theft, which shall include requiring— 

10 ‘‘(1) compliance with the security plan sub11 mitted by the licensed dealer pursuant to section 

12 923(d)(1)(G); 

13 ‘‘(2) the use of locked metal cabinets and fire14 proof safes; 

15 ‘‘(3) security systems, video monitoring, and 

16 anti-theft alarms; 

17 ‘‘(4) security gates, strong locks, and site hard18 ening; and 


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1 ‘‘(5) concrete bollards and other access controls, 

2 if necessary.’’. 

3 (2) TRANSITION RULE.—The regulations pre4 scribed under section 926(d)(1) of title 18, United 

5 States Code, shall not apply to a person who, on the 

6 date of the enactment of this Act, is a licensed deal7 er (as defined in section 921(a)(11) of such title), 

8 until the earlier of— 

9 (A) the date the person complies with sub10 section (b)(2) of this section; or 

11 (B) the end of the 1-year period that be12 gins with the date regulations are prescribed 

13 under section 926(d) of such title. 

14 (b) SECURITY PLAN SUBMISSION REQUIREMENT.— 

15 (1) IN GENERAL.—Section 923(d)(1)(G) of 

16 such title is amended by inserting ‘‘the applicant 

17 submits with the application a security plan that de18 scribes how the applicant will secure, in accordance 

19 with the regulations issued under section 926(d), the 

20 premises from which the applicant will conduct busi21 ness under the license (including in the event of a 

22 natural disaster or other emergency), and the appli23 cant certifies that, if issued such a license, the appli24 cant will comply with the plan’’ before the period. 


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1 (2) TRANSITION RULE.—A person who, on the 

2 date of the enactment of this Act, is a licensed deal3 er (as defined in section 921(a)(11) of title 18, 

4 United States Code) and whose license to deal in 

5 firearms, issued under chapter 44 of such title, will 

6 not expire before the end of the 1-year period that 

7 begins with the date regulations are prescribed 

8 under section 926(d) of such title, shall submit to 

9 the Attorney General a plan of the type described in 

10 section 923(d)(1)(G) of such title not later than the 

11 end of that 1-year period. Any plan so submitted 

12 shall be considered to be submitted pursuant to such 

13 section 923(d)(1)(G), for purposes of such sections 

14 923(g)(6)(B) and 926(d). 

15 (c) ANNUAL SECURITY PLAN COMPLIANCE CERTIFI16 CATION REQUIREMENT.— 

17 (1) IN GENERAL.—Section 923 of title 18, 

18 United States Code, is amended by adding at the 

19 end the following: 

20 ‘‘(m)(1) Each licensed dealer shall annually certify to 

21 the Attorney General that each premises from which the 

22 licensed dealer conducts business subject to license under 

23 this chapter is in compliance with the regulations pre24 scribed under section 926(d), and include with the certifi25 cation the results of a reconciliation of the firearms invenVerDate Sep 11 2014 22:02 Aug 09, 2024 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H8828.IH H8828

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1 tory of the licensed dealer with the firearms inventory at 

2 the time of the most recent prior certification (if any) 

3 under this paragraph, including a report of any missing 

4 firearms. 

5 ‘‘(2) The Attorney General may impose a civil money 

6 penalty of not more than $5,000 on, and may suspend 

7 the license to deal in firearms issued under this section 

8 to, a licensed dealer who fails to comply with paragraph 

9 (1).’’. 

10 (2) TRANSITION RULE.—The amendment made 

11 by paragraph (1) of this subsection shall not apply 

12 to a person who, on the date of the enactment of 

13 this Act, is a licensed dealer (as defined in section 

14 921(a)(11) of title 18, United States Code), until 

15 the end of the 1-year period that begins with the 

16 date person complies with subsection (b)(2) of this 

17 section. 

18 (d) EFFECTIVE DATE.—The amendments made by 

19 this section shall take effect 1 year after the date of the 

20 enactment of this Act. 


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1 SEC. 3. REPEAL OF PROHIBITION ON USE OF FUNDS TO IM2 PLEMENT RULE REQUIRING PHYSICAL IN3 VENTORY BY FEDERAL FIREARMS LICENS4 EES. 

5 The matter under the heading ‘‘Bureau of Alcohol, 

6 Tobacco, Firearms and Explosives—Salaries and Ex7 penses’’ in title II of division B of the Consolidated and 

8 Further Continuing Appropriations Act, 2013 (Public 

9 Law 113–6; 127 Stat. 248) is amended by striking the 

10 5th proviso. 

11 SEC. 4. INSPECTIONS. 

12 (a) ELIMINATION OF LIMIT ON ANNUAL INSPEC13 TIONS OF LICENSEES.—Section 923(g)(1)(B)(ii) of title 

14 18, United States Code, is amended by striking ‘‘—’’ and 

15 all that follows through ‘‘(II)’’. 

16 (b) MANDATED ANNUAL INSPECTIONS OF HIGH

17 RISK LICENSED DEALERS, TRIENNIAL INSPECTIONS OF

18 OTHER LICENSED DEALERS.—Section 923(g)(1)(B) of 

19 such title is amended by adding after and below the end 

20 the following flush sentence: ‘‘The Attorney General shall, 

21 without such reasonable cause or warrant, annually in22 spect or examine the inventory, records, and business 

23 premises of each licensed dealer whom the Attorney Gen24 eral regards as a high risk dealer (based on the consider25 ations used to do so as of the date of the enactment of 

26 this sentence), and triennially inspect or examine the inVerDate Sep 11 2014 22:02 Aug 09, 2024 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H8828.IH H8828

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1 ventory, records, and business premises of each other li2 censed dealer. Within 6 months after an inspection under 

3 this subparagraph reveals a violation of this section or any 

4 regulation prescribed under this chapter, and within 6 

5 months after a security inspection conducted under para6 graph (6)(B)(i) of this subsection, the Attorney General 

7 shall conduct an inspection to determine whether the viola8 tion identified in the preceding inspection has been 

9 cured.’’ 

10 (c) AUTHORITY TO HIRE ADDITIONAL INDUSTRY

11 OPERATION INVESTIGATORS FOR BATFE.—The Attorney 

12 General may hire 650 Industry Operation Investigators 

13 for the Bureau of Alcohol, Tobacco, Firearms and Explo14 sives, in addition to any personnel needed to carry out this 

15 Act and any Industry Operation Investigators authorized 

16 by other law. 

17 SEC. 5. EMPLOYEE BACKGROUND CHECKS. 

18 (a) REQUIREMENTS.— 

19 (1) BACKGROUND CHECK REQUIRED BEFORE

20 FIREARM POSSESSION BY DEALER EMPLOYEE.—Sec21 tion 923(g) of title 18, United States Code, is 

22 amended by adding at the end the following: 

23 ‘‘(8) A licensed dealer shall not allow an employee 

24 of the licensed dealer to possess a firearm at a premises 


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1 from which the licensed dealer conducts business subject 

2 to license under this chapter unless— 

3 ‘‘(A) the licensed dealer has contacted the na4 tional instant criminal background check system es5 tablished under section 103 of the Brady Handgun 

6 Violence Prevention Act for information about 

7 whether it would be unlawful for the individual to 

8 receive a firearm; and 

9 ‘‘(B) the system has notified the licensee that 

10 the information available to the system does not 

11 demonstrate that the receipt of a firearm by the in12 dividual would violate subsection (g) or (n) of sec13 tion 922 or State law.’’. 

14 (2) BACKGROUND CHECKS REQUIRED BEFORE

15 ISSUANCE OR RENEWAL OF DEALER LICENSE.—Sec16 tion 923(c) of such title is amended by inserting 

17 after the 1st sentence the following: ‘‘Notwith18 standing the preceding sentence, the Attorney Gen19 eral may not issue or renew a license to deal in fire20 arms unless the Attorney General has contacted the 

21 national instant criminal background check system 

22 established under section 103 of the Brady Handgun 

23 Violence Prevention Act for information about 

24 whether it would be unlawful for any employee of 

25 the applicant for the license or renewal, identified by 


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1 the applicant as having the responsibility to receive 

2 a firearm, for information about whether it would be 

3 unlawful for the employee to receive a firearm, and 

4 the system has notified the Attorney General that 

5 the information available to the system does not 

6 demonstrate that the receipt of a firearm by the em7 ployee would violate subsection (g) or (n) of section 

8 922 or the law of the State in which the business 

9 premises of the applicant subject to the license is lo10 cated.’’. 

11 (3) EFFECTIVE DATE.—The amendments made 

12 by this subsection shall take effect on the date that 

13 is 1 year after the date of the enactment of this Act. 

14 (b) AUTHORITY OF NICS SYSTEM TO RESPOND TO

15 LICENSED DEALER REQUEST FOR CRIMINAL BACK16 GROUND CHECK OF EMPLOYEE OR PROSPECTIVE EM17 PLOYEE.—Section 103(b) of the Brady Handgun Violence 

18 Prevention Act (34 U.S.C. 40901(b)) is amended by add19 ing at the end the following: ‘‘The Attorney General shall 

20 ensure that the system responds to any request received 

21 by the system from a licensed dealer for information on 

22 whether receipt of a firearm by an employee or prospective 

23 employee of the licensed dealer would violate such section 

24 922 or State law.’’. 


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1 SEC. 6. GUN STORE THEFTS. 

2 (a) IN GENERAL.—Section 923(g)(6) of title 18, 

3 United States Code, is amended— 

4 (1) by inserting ‘‘(A)’’ after ‘‘(6)’’; and 

5 (2) by adding at the end the following: 

6 ‘‘(B)(i) Within 30 days after the Attorney General 

7 receives a report from a licensed dealer pursuant to sub8 paragraph (A) of this paragraph of the theft of a firearm, 

9 the Attorney General shall conduct an independent inspec10 tion of the security of the premises at which the theft oc11 curred, which may include an inspection of the measures 

12 taken to implement the security plan submitted by the li13 censed dealer pursuant to subsection (d)(1)(G). 

14 ‘‘(ii) On completion of the security inspection, the At15 torney General shall provide the licensed dealer with— 

16 ‘‘(I) a notice of any violation by the licensed 

17 dealer of any security requirements prescribed under 

18 section 926(d); and 

19 ‘‘(II) recommendations for improving security 

20 of the premises involved.’’. 

21 (b) EXEMPTION OF STOLEN FIREARMS FROM PROD22 UCT LIABILITY.—Section 4(4) of the Protection of Lawful 

23 Commerce in Arms Act (15 U.S.C. 7903(4)) is amended 

24 by inserting ‘‘, except any such firearm the theft of which 

25 is required by section 923(g)(6)(A) of such title to be re26 ported’’ before the period. 


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1 SEC. 7. CIVIL ENFORCEMENT. 

2 Section 923 of title 18, United States Code, as 

3 amended by section 2(c)(1) of this Act, is amended by 

4 adding at the end the following: 

5 ‘‘(n) In the case of a licensed dealer who the Attorney 

6 General has found to be in violation of a regulation pre7 scribed under section 926(d), to not have implemented a 

8 corrective action required by the Attorney General at the 

9 completion of a security inspection conducted under sub10 section (g)(6)(B)(i) of this section within 30 days after 

11 the date of the inspection, or to be in violation of sub12 section (g)(8) of this section— 

13 ‘‘(1) the Attorney General shall— 

14 ‘‘(A) if the violation is not a result of gross 

15 negligence by the licensed dealer— 

16 ‘‘(i) in the case of the 1st such viola17 tion of the law or regulation by the li18 censed dealer, if not preceded by a viola19 tion to which subparagraph (B) applies, 

20 transmit to the licensed dealer a written 

21 notice specifying the violation, which shall 

22 include a copy of the provision of law or 

23 regulation violated and a plan for how to 

24 cure the violation; 

25 ‘‘(ii) in the case of the 2nd such viola26 tion by the licensed dealer, if not preceded 


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1 by a violation to which subparagraph (B) 

2 applies, impose a civil money penalty in an 

3 amount that is not less than $2,500 and 

4 not more than $20,000; 

5 ‘‘(iii) in the case of the 3rd such viola6 tion by the licensed dealer, if not preceded 

7 by a violation to which subparagraph (B) 

8 applies, suspend the license to deal in fire9 arms issued to the licensed dealer under 

10 this chapter until the violation ceases; 

11 ‘‘(iv) in the case of the 4th such viola12 tion by the licensed dealer, whether or not 

13 preceded by a violation to which subpara14 graph (B) applies, revoke that license; or 

15 ‘‘(v) in the case of any such violation 

16 by the licensed dealer, if preceded by a vio17 lation to which subparagraph (B) applies, 

18 apply the penalty authorized under this 

19 subsection that is 1 level greater in sever20 ity than the level of severity of the penalty 

21 most recently applied to the licensed dealer 

22 under this subsection; or 

23 ‘‘(B) if the violation is a result of such 

24 gross negligence— 


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1 ‘‘(i) in the case of the 1st such viola2 tion by the licensed dealer, impose a civil 

3 money penalty in an amount that is not 

4 less than $2,500 and not more than 

5 $20,000; 

6 ‘‘(ii) in the case of the 2nd such viola7 tion by the licensed dealer— 

8 ‘‘(I) impose a civil money penalty 

9 in an amount equal to $20,000; 

10 ‘‘(II) suspend the license to deal 

11 in firearms issued to the licensed deal12 er under this chapter until the viola13 tion ceases; or 

14 ‘‘(III) revoke that license; or 

15 ‘‘(iii) in the case of the 3rd or subse16 quent such violation by the licensed dealer, 

17 apply the penalty authorized under this 

18 subsection that is 1 or 2 levels greater in 

19 severity than the level of severity of the 

20 penalty most recently applied to the li21 censed dealer under this subsection; and 

22 ‘‘(2) in the case of any such violation, if the At23 torney General finds that the nature of the violation 

24 indicates that the continued operation of a firearms 

25 business by the licensed dealer presents an imminent 


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1 risk to public safety, the Attorney General shall, not2 withstanding paragraph (1), immediately suspend 

3 the license to deal in firearm issued to the licensed 

4 dealer under this chapter and secure the firearms in5 ventory of the licensed dealer, until the violation 

6 ceases.’’. 

7 SEC. 8. NO EFFECT ON STATE LAWS GOVERNING DEALING 

8 IN FIREARMS. 

9 Nothing in this Act shall be interpreted to preclude 

10 a State from imposing or enforcing any requirement relat11 ing to dealing in firearms (as defined in section 921(a)(3) 

12 of title 18, United States Code). 

13 SEC. 9. REPEAL OF PROHIBITION ON DENIAL OF FEDERAL 

14 FIREARM LICENSE DUE TO LACK OF BUSI15 NESS ACTIVITY. 

16 The matter under the heading ‘‘Bureau of Alcohol, 

17 Tobacco, Firearms and Explosives—Salaries and Ex18 penses’’ in title II of division B of the Consolidated and 

19 Further Continuing Appropriations Act, 2013 (18 U.S.C. 

20 923 note; Public Law 113–6; 127 Stat. 248) is amended 

21 by striking the 6th proviso. 

22 SEC. 10. REPEAL OF LIMITATIONS RELATING TO USE OF 

23 FIREARMS TRACE DATA. 

24 (a) The matter under the heading ‘‘Bureau of Alco25 hol, Tobacco, Firearms and Explosives—Salaries and ExVerDate Sep 11 2014 22:02 Aug 09, 2024 Jkt 049200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H8828.IH H8828

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1 penses’’ in title I of division B of the Consolidated and 

2 Further Continuing Appropriations Act, 2012 (18 U.S.C. 

3 923 note; Public Law 112–55; 125 Stat. 609–610) is 

4 amended by striking the 6th proviso. 

5 (b) The 6th proviso under the heading ‘‘Bureau of 

6 Alcohol, Tobacco, Firearms and Explosives—Salaries and 

7 Expenses’’ in title II of division B of the Consolidated Ap8 propriations Act, 2010 (18 U.S.C. 923 note; Public Law 

9 111–117; 123 Stat. 3128–3129) is amended by striking 

10 ‘‘beginning in fiscal year 2010 and thereafter’’ and insert11 ing ‘‘in fiscal year 2010’’. 

12 (c) The 6th proviso under the heading ‘‘Bureau of 

13 Alcohol, Tobacco, Firearms and Explosives—Salaries and 

14 Expenses’’ in title II of division B of the Omnibus Appro15 priations Act, 2009 (18 U.S.C. 923 note; Public Law 111– 

16 8; 123 Stat. 574–576) is amended by striking ‘‘beginning 

17 in fiscal year 2009 and thereafter’’ and inserting ‘‘in fiscal 

18 year 2009’’. 

19 (d) The 6th proviso under the heading ‘‘Bureau of 

20 Alcohol, Tobacco, Firearms and Explosives—Salaries and 

21 Expenses’’ in title II of division B of the Consolidated Ap22 propriations Act, 2008 (18 U.S.C. 923 note; Public Law 

23 110–161; 121 Stat. 1903–1904) is amended by striking 

24 ‘‘beginning in fiscal year 2008 and thereafter’’ and insert25 ing ‘‘in fiscal year 2008’’. 


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1 (e) The 6th proviso under the heading ‘‘Bureau of 

2 Alcohol, Tobacco, Firearms and Explosives—Salaries and 

3 Expenses’’ in title I of the Science, State, Justice, Com4 merce, and Related Agencies Appropriations Act, 2006 

5 (18 U.S.C. 923 note; Public Law 109–108; 119 Stat. 

6 2295–2296) is amended by striking ‘‘with respect to any 

7 fiscal year’’. 

8 (f) The 6th proviso under the heading in title I of 

9 division B of the Consolidated Appropriations Act, 2005 

10 (18 U.S.C. 923 note; Public Law 108–447; 118 Stat. 

11 2859–2860) is amended by striking ‘‘with respect to any 

12 fiscal year’’. 

13 (g) Section 644 of title VI of division J of the Con14 solidated Appropriations Resolution, 2003 (5 U.S.C. 552 

15 note; Public Law 108–7; 117 Stat. 473–474) is amended 

16 by striking ‘‘or any other Act with respect to any fiscal 

17 year’’. 

18 SEC. 11. LOST AND STOLEN REPORTING REQUIREMENT. 

19 (a) IN GENERAL.—Section 922 of title 18, United 

20 States Code, is amended by adding at the end the fol21 lowing: 

22 ‘‘(aa) The owner of a firearm shall report the theft 

23 or loss of the firearm, within 30 days after the owner be24 comes aware of the theft or loss, to the Attorney General 

25 and to the appropriate local authorities.’’. 


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1 (b) CIVIL PENALTY.—Section 924 of such title is 

2 amended by adding at the end the following: 

3 ‘‘(q) Whoever violates section 922(aa) shall be fined 

4 not more than $1,000 in a civil proceeding.’’. 

5 SEC. 12. REPORT ON IMPLEMENTATION OF THIS ACT. 

6 Within 2 years after the date of the enactment of this 

7 Act, the Attorney General shall submit to the Congress 

8 a written report on the implementation of this Act and 

9 the amendments made by this Act, including any remain10 ing steps that are necessary to complete the implementa11 tion, which shall also identify any additional resources that 

12 are required to conduct regular inspections and to ensure 

13 that this Act and the amendments made by this Act are 

14 enforced against noncompliant firearm dealers in a timely 

15 manner. 

16 SEC. 13. HEARING. 

17 (a) IN GENERAL.—The Committee on the Judiciary 

18 of the House of Representatives shall hold a hearing on 

19 the report submitted by the Attorney General under sec20 tion 12. 

21 (b) EXERCISE OF RULEMAKING AUTHORITY.—Sub22 section (a) is enacted— 

23 (1) as an exercise of rulemaking power of the 

24 House of Representatives, and, as such, shall be con25 sidered as part of the rules of the House, and such 


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1 rules shall supersede any other rule of the House 

2 only to the extent that rule is inconsistent therewith; 

3 and 

4 (2) with full recognition of the constitutional 

5 right of either House to change such rules (so far 

6 as relating to the procedure in such House) at any 

7 time, in the same manner, and to the same extent 

8 as in the case of any other rule of the House. 

9 SEC. 14. DEADLINE FOR ISSUANCE OF FINAL REGULA10 TIONS. 

11 Within 1 year after the date of the enactment of this 

12 Act, the Attorney shall prescribe, in final form, all regula13 tions required to carry out this Act and the amendments 

14 made by this Act. 

Æ 


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