II 

110TH CONGRESS 

1ST SESSION S. 77 

To improve the tracking of stolen firearms and firearms used in a crime, 

to allow more frequent inspections of gun dealers to ensure compliance 

with Federal gun law, to enhance the penalties for gun trafficking, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 4, 2007 

Mr. SCHUMER introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

A BILL 

To improve the tracking of stolen firearms and firearms 

used in a crime, to allow more frequent inspections of 

gun dealers to ensure compliance with Federal gun law, 

to enhance the penalties for gun trafficking, 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. 

4 This Act may be cited as the ‘‘Anti-Gun Trafficking 

5 Penalties Enhancement Act of 2007’’. 


ccoleman on PRODPC75 with BILLS
2 

•S 77 IS

1 SEC. 2. FIREARMS TRACE SYSTEM. 

2 (a) IN GENERAL.—The Science, State, Justice, Com3 merce, and Related Agencies Appropriations Act, 2006 

4 (Public Law 109–108) is amended in title I, under the 

5 heading ‘‘BUREAU OF ALCOHOL, TOBACCO, FIREARMS

6 AND EXPLOSIVES’’, by striking ‘‘Provided further, That no 

7 funds appropriated under this or any other Act with re8 spect to any fiscal year may be used to disclose part or 

9 all of the contents of the Firearms Trace System data10 base’’ and all that follows through ‘‘section 921(a)(10) of 

11 such title):’’. 

12 (b) REQUESTS FOR INFORMATION.—Upon receipt of 

13 a written request from a State or local government or law 

14 enforcement agency for information contained in the Fire15 arms Trace System database maintained by the National 

16 Trace Center of the Bureau of Alcohol, Tobacco, Firearms 

17 and Explosives (or any successor database or agency), the 

18 Attorney General shall provide all data in such database 

19 that is responsive to such request for information. 

20 SEC. 3. STOLEN FIREARMS. 

21 (a) DEFINITION.—As used in this section, the term 

22 ‘‘firearm’’ has the meaning given the term by section 921 

23 of title 18, United States Code. 

24 (b) FEDERAL OFFICIALS.—If a Federal law enforce25 ment agency investigates the commission of a crime and 

26 determines that a specific firearm is known to have been 


ccoleman on PRODPC75 with BILLS
3 

•S 77 IS

1 stolen or to have been used in such crime, the agency shall 

2 provide information regarding the firearm to the Bureau 

3 of Alcohol, Firearms, Tobacco, and Explosives, for inclu4 sion in the Firearms Trace System database. 

5 (c) STATE AND LOCAL OFFICIALS.—Section 1702 of 

6 the Omnibus Crime Control and Safe Streets Act of 1968 

7 (42 U.S.C. 3796dd–1) is amended by adding at the end 

8 the following: 

9 ‘‘(e) STOLEN FIREARMS.— 

10 ‘‘(1) DEFINITION.—As used in this subsection, 

11 the term ‘firearm’ has the meaning given the term 

12 by section 921 of title 18, United States Code. 

13 ‘‘(2) REPORTING.—If a State or local law en14 forcement agency receiving a grant under this part 

15 investigates the commission of a crime and deter16 mines that a specific firearm is known to have been 

17 stolen or to have been used in such crime, the agen18 cy shall provide information regarding the firearm to 

19 the Bureau of Alcohol, Firearms, Tobacco, and Ex20 plosives, for inclusion in the Firearms Trace System 

21 database.’’. 

22 SEC. 4. INSPECTIONS OF GUN DEALERS. 

23 Section 923(g)(1)(B)(ii) of title 18, United States 

24 Code, is amended by striking subclause (I) and inserting 

25 the following: 


ccoleman on PRODPC75 with BILLS
4 

•S 77 IS

1 ‘‘(I) at any time that the Attorney General 

2 may reasonably require; and’’. 

3 SEC. 5. ILLEGAL FIREARMS TRAFFICKING. 

4 (a) INCREASED MAXIMUM TERM OF IMPRISON5 MENT.—Section 924 of title 18, United States Code, is 

6 amended— 

7 (1) in subsection (a)(2)— 

8 (A) by inserting ‘‘(A)’’ after ‘‘(2)’’; 

9 (B) by striking ‘‘(d),’’; and 

10 (C) by adding at the end the following: 

11 ‘‘(B) Whoever knowingly violates subsection (d) of 

12 section 922 shall be fined under this title, imprisoned not 

13 more than 20 years, or both.’’; 

14 (2) in subsection (g), by striking ‘‘10 years, 

15 fined in accordance with’’ and inserting ‘‘20 years, 

16 fined under’’; 

17 (3) in subsection (h), by striking ‘‘10 years, 

18 fined in accordance with’’ and inserting ‘‘20 years, 

19 fined under’’; and 

20 (4) in subsection (n), by striking ‘‘10 years’’ 

21 and inserting ‘‘20 years’’. 

22 (b) RACKETEERING ACTIVITY.—Section 1961(1) of 

23 title 18, United States Code, is amended by inserting ‘‘sec24 tion 922(d) (relating to firearms sales to ineligible perVerDate Aug 31 2005 00:41 Jan 10, 2007 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S77.IS S77

ccoleman on PRODPC75 with BILLS
5 

•S 77 IS

1 sons), subsections (g), (h), and (n) of section 924 (relating 

2 to illegal firearms trafficking),’’ before ‘‘section 1028’’. 

Æ 


ccoleman on PRODPC75 with BILLS