I

103D CONGRESS

1ST SESSION H. R. 3639

To amend title 18, United States Code, to regulate the receipt of firearms

by Federal firearms dealers.

IN THE HOUSE OF REPRESENTATIVES

NOVEMBER 22, 1993

Mr. FIELDS of Louisiana introduced the following bill; which was referred to

the Committee on the Judiciary

A BILL

To amend title 18, United States Code, to regulate the

receipt of firearms by Federal firearms dealers.

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 ‘‘Stolen Guns Act of

5 1994’’.

6 SEC. 2. PREVENTION OF ENTRY INTO COMMERCE OF STO7 LEN FIREARMS.

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

9 States Code, is amended by adding at the end the follow10 ing:
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1 ‘‘(s)(1) It shall be unlawful for a licensed dealer to

2 receive a firearm from a person, unless—

3 ‘‘(A) the dealer has received from the person a

4 statement of the person containing the information

5 described in paragraph (3);

6 ‘‘(B) the dealer has verified the identity of the

7 person by examining a valid identification document

8 (as defined in section 1028(d)(1) of this title) of the

9 person that contains a photograph of the person;

10 ‘‘(C) the dealer has transmitted notice of the

11 contents of the statement to the chief law enforce12 ment officer of the place of business of the licensed

13 dealer; and

14 ‘‘(2) Within 3 days after a chief law enforcement offi15 cer receives notice, transmitted pursuant to paragraph

16 (1)(C), with respect to a firearm, the officer shall make

17 a reasonable effort to ascertain whether the firearm is sto18 len, including by contacting the National Crime Informa19 tion Center operated by the Federal Bureau of Investiga20 tion.

21 ‘‘(3) The statement referred to in paragraph (1)(A)

22 shall contain only—

23 ‘‘(A) the name, address, date of birth, and so24 cial security account number of the person, as such

25 information appears on a valid identification docu-
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1 ment (as defined in section 1028(d)(1)) of the per2 son, which document contains a photograph of the

3 person;

4 ‘‘(B) a description of the identification docu5 ment; and

6 ‘‘(C) the serial number of the firearm involved.

7 ‘‘(4)(A) A licensed dealer who receives a firearm from

8 a person shall retain a copy of the statement of the person

9 referred to in paragraph (1)(A).

10 ‘‘(B)(i) A chief law enforcement officer who has re11 ceived a notice transmitted by a licensed dealer with re12 spect to a firearm pursuant to paragraph (1)(C) shall de13 stroy any record containing information derived from the

14 notice, within 20 business days after the later of—

15 ‘‘(I) the date the officer notifies the dealer that

16 the firearm is not stolen; or

17 ‘‘(II) the date on which occurs the 3rd business

18 day after the date of such receipt.

19 ‘‘(ii) Clause (i) shall not apply to a firearm if the

20 chief law enforcement has reason to believe that the fire21 arm is stolen.

22 ‘‘(5) For purposes of this subsection, the term ‘chief

23 law enforcement officer’ means the chief of police, the

24 sheriff, or an equivalent officer or the designee of any such

25 individual.
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1 ‘‘(6) The Secretary shall take necessary actions to—

2 ‘‘(A) ensure that the provisions of this sub3 section are published and disseminated to licensed

4 dealers, law enforcement officials, and the public;

5 and

6 ‘‘(B) promote the reporting of serial numbers of

7 stolen firearms.’’.

8 (b) PENALTY.—Section 924(a) of title 18, United

9 States Code, is amended—

10 (1) in paragraph (1), by striking ‘‘paragraph

11 (2) or (3) of’’; and

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

13 ‘‘(5) Whoever knowingly violates section 922(s) shall

14 be fined not more than $1,000, imprisoned for not more

15 than 1 year, or both.’’.

16 SEC. 3. FUNDING PROVISIONS.

17 (a) COMPLIANCE.—The Attorney General shall pro18 vide assistance, when feasible, to ensure that chief law en19 forcement officers comply with the provisions of section

20 922(s) of title 18, United States Code.

21 (b) FAILURE TO COMPLY.—If chief law enforcement

22 officers in a State fail to comply with the provisions of

23 section 922(s) of title 18, United States Code, the Attor24 ney General may withhold up to 25 percent of the funds
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1 a State would receive under title I of the Omnibus Crime

2 Control and Safe Streets Act of 1968.

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