Gun Trafficker Detection Act

Subjects: Crime and Law Enforcement


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2418 Introduced in House (IH)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                H. R. 2418

 To require lost or stolen firearms to be reported to law enforcement 
          authorities within 48 hours, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 30, 2023

 Mr. Casten (for himself, Ms. Kelly of Illinois, Ms. Titus, Ms. Brown, 
   Mr. Auchincloss, Ms. Dean of Pennsylvania, Ms. Norton, Ms. Lee of 
    California, Ms. Tokuda, and Mrs. Watson Coleman) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To require lost or stolen firearms to be reported to law enforcement 
          authorities within 48 hours, 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 ``Gun Trafficker Detection Act''.

SEC. 2. REPORTING OF LOST OR STOLEN FIREARMS TO LAW ENFORCEMENT 
              AUTHORITIES.

    (a) Reporting Requirement.--
            (1) In general.--Section 922 of title 18, United States 
        Code, is amended by adding at the end the following:
    ``(aa)(1) Within 48 hours after a person not licensed under this 
chapter who owns a firearm that has been shipped or transported in, or 
has been possessed in or affecting, interstate or foreign commerce, 
discovers or reasonably should have discovered the theft or loss of the 
firearm, the person shall report the theft or loss to the Attorney 
General. If the report to the Attorney General is not submitted through 
a web portal created by the Attorney General for such purpose, the 
person shall report the theft or loss to local law enforcement 
authorities.
    ``(2) Within 72 hours after the Attorney General receives a report 
through the web portal pursuant to paragraph (1), the Attorney General 
shall notify the chief law enforcement officer of the jurisdiction in 
which the theft or loss occurred of the name and address of the 
reporting person.''.
            (2) Reporting.--
                    (A) Creation of web-based portal.--Within 180 days 
                after the date of the enactment of this Act, the 
                Attorney General shall create a web-based electronic 
                portal, which members of the public may use to report 
                the theft or loss of a firearm to the Attorney General 
                pursuant to section 922(aa) of title 18, United States 
                Code, that includes a notice to users of the penalties 
                under section 924(a)(1) of such title for knowingly 
                making a false statement or representation in such a 
                report.
                    (B) Use of funds requirements.--Section 502(a) of 
                title I of the Omnibus Crime Control and Safe Streets 
                Act of 1968 (34 U.S.C. 10153(a)) is amended by adding 
                at the end the following:
            ``(7) An assurance that, for each fiscal year covered by an 
        application, the applicant will use not less than 5 percent of 
        the total amount of the grant award for the fiscal year to 
        study and implement effective management and collection of data 
        relating to lost or stolen firearms reported to a law 
        enforcement agency of the applicant under section 922(aa) of 
        title 18, United States Code, unless the applicant has ensured, 
        and the Attorney General has certified, that the applicant has 
        in effect such laws and procedures as are necessary to ensure 
        that each such report is forwarded to the National Crime 
        Information Center.''.
            (3) Penalties.--Section 924 of title 18, United States 
        Code, is amended by adding at the end the following:
    ``(q) With respect to a violation of section 922(aa), the Attorney 
General shall, after notice and opportunity for a hearing--
            ``(1)(A) in the case of a first violation, subject the 
        person to a civil money penalty of not more than $1,000; or
            ``(B) in the case of a second or subsequent violation, 
        subject the person to a civil money penalty of not more than 
        $5,000; and
            ``(2) in the case of any violation, notify the person of 
        the prohibitions set forth in section 922(bb).''.
    (b) Prohibition on Firearm Receipt After Multiple Convictions.--
            (1) In general.--Section 922 of title 18, United States 
        Code, as amended by subsection (a)(1) of this section, is 
        amended by adding at the end the following:
    ``(bb)(1) It shall be unlawful for a person who has been twice 
assessed a civil money penalty under section 924(q) to receive a 
firearm during the 1-year period that begins with the date of the most 
recent such assessment.
    ``(2) It shall be unlawful for a person who has been thrice 
assessed a civil money penalty under section 924(q) to receive a 
firearm during the 5-year period that begins with the date of the most 
recent such assessment.''.
            (2) Penalties.--Section 924(a)(5) of title 18, United 
        States Code, is amended by striking ``or (t)'' and inserting 
        ``(t), or (bb)''.
    (c) Prohibition on False Reporting.--Section 924(a)(1)(A) of title 
18, United States Code, is amended by striking ``chapter or'' and 
inserting ``chapter, in reporting a lost or stolen firearm pursuant to 
section 922(aa), or''.
    (d) Updating of National Instant Criminal Background Check 
System.--
            (1) In general.--Within 6 months after the date of the 
        enactment of this Act, the Attorney General shall promulgate 
        such rules as are necessary to ensure that--
                    (A) the national instant criminal background check 
                system takes account of section 922(bb) of title 18, 
                United States Code, in performing the functions of the 
                system; and
                    (B) all persons licensed under chapter 44 of such 
                title provide notice of the penalties for violations of 
                section 922(aa) of such title to any person not so 
                licensed who acquires a firearm from the licensee.
            (2) Conforming amendments.--
                    (A) The following provisions of section 103 of the 
                Brady Handgun Violence Prevention Act (34 U.S.C. 40901) 
                are each amended by striking ``(g) or (n)'' and 
                inserting ``(g), (n), or (bb)'':
                            (i) Subparagraphs (A), (C), (F)(iii)(I), 
                        and (G)(i) of subsection (e)(1).
                            (ii) Subsection (g).
                            (iii) Subsection (i)(2).
                            (iv) Subsection (l)(3)(B).
                    (B) The following provisions of title 18, United 
                States Code, are each amended by striking ``(g) or 
                (n)'' and inserting ``(g), (n), or (bb)'':
                            (i) Subparagraphs (B)(ii) and (C)(iii)(II) 
                        of section 922(t)(1).
                            (ii) Section 923(g)(3)(B).
                            (iii) Section 925A(2).
                    (C) Paragraphs (2), (4), and (5) of section 922(t) 
                of title 18, United States Code, are each amended by 
                striking ``(g), or (n)'' and inserting ``(g), (n), or 
                (bb)''.

SEC. 3. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall take effect 90 
days after the date of the enactment of this Act.
                                 &lt;all&gt;
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