Gun Records Restoration and Preservation Act

Subjects: Crime and Law Enforcement, Administrative law and regulatory procedures, Appropriations, Business records, Criminal justice information and records, Department of Justice, Firearms and explosives, Fires, Freedom of information, Retail and wholesale trades

Summary:  <p><b>Gun Records Restoration and Preservation Act</b></p> <p>This bill amends several appropriations laws to remove limitations on the authority of the Bureau of Alcohol, Tobacco, Firearms and Explosives to conduct activities related to the administration of federal firearms laws.</p> <p>Specifically, the bill removes provisions that</p> <ul> <li>limit the use of firearms tracing data, </li> <li>limit the disclosure of data under the Freedom of Information Act, </li> <li>prohibit imposing a requirement that gun dealers conduct a physical inventory, </li> <li>prohibit consolidating or centralizing records maintained by federal firearm licensees (e.g., gun dealers), and </li> <li>require national instant criminal background check records to be destroyed within 24 hours. </li> </ul>

<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 598 Introduced in Senate (IS)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                 S. 598

  To repeal certain impediments to the administration of the firearms 
                                 laws.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 1, 2023

 Mr. Menendez (for himself, Mr. Markey, Mr. Blumenthal, Mr. Reed, Mrs. 
Gillibrand, Mr. Booker, Mr. Whitehouse, Mrs. Feinstein, Mr. Durbin, Ms. 
   Warren, Ms. Hirono, Mr. Murphy, and Ms. Duckworth) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To repeal certain impediments to the administration of the firearms 
                                 laws.

    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 Records Restoration and 
Preservation Act''.

SEC. 2. FINDINGS.

    Congress finds as follows:
            (1) The Tiahrt Amendments prevent the collection of 
        valuable information, and the establishment of effective 
        policies to prevent illegal guns from being used in crimes.
            (2) The Tiahrt Amendments impede enforcement of the gun 
        laws by requiring most background check records to be destroyed 
        within 24 hours, and by barring the Federal Government from 
        requiring annual inventory audits by owners of gun shops.
            (3) A 2012 study by researchers at Johns Hopkins Bloomberg 
        School of Public Health found that the Tiahrt Amendments 
        dramatically increase gun trafficking to the criminal market.
            (4) A 2016 study from the University of Pittsburgh Graduate 
        School of Public Health found that in 2008, 79 percent of all 
        guns recovered by police from crime scenes belonged to someone 
        other than the perpetrator--30 percent had been stolen.
            (5) A 2020 analysis from the RAND corporation concluded 
        that the Tiahrt Amendments limit researchers' access to data 
        that provide important insights, such as--
                    (A) how guns flow from States with less restrictive 
                gun laws to States with more restrictive gun laws;
                    (B) how prohibited purchasers obtain their 
                firearms;
                    (C) the characteristics of straw purchases; and
                    (D) whether more restrictive gun laws create a 
                shortage of firearms for prohibited purchases.
            (6) Every year, more than 165,000 people are shot in the 
        United States.
            (7) 2020 was one of the deadliest years on record for the 
        United States, with an estimated 21,000 people killed in 
        firearm homicides or non-suicide related shootings, which is a 
        33-percent increase over 2019.
            (8) In 2020, 62 percent of firearm homicide victims were 
        Black and 15 percent of firearm homicide victims were Hispanic.
            (9) In 2020, the National Tracing Center at the Bureau of 
        Alcohol, Tobacco, Firearms and Explosives processed 490,800 
        trace requests on firearms from Federal, State, and local law 
        enforcement agencies.
            (10) Having effective policies to prevent illegal gun 
        trafficking makes our families and communities safer.
            (11) Repealing the Tiahrt Amendments would support law 
        enforcement efforts and give the public vital information 
        needed to craft the most effective policies against illegal 
        guns.

SEC. 3. REPEAL OF CERTAIN LIMITATIONS ON THE USE OF DATABASE 
              INFORMATION OF THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS 
              AND EXPLOSIVES.

    (a) The matter under the heading ``Bureau of Alcohol, Tobacco, 
Firearms and Explosives--Salaries and Expenses'' in title II of 
division B of the Consolidated and Further Continuing Appropriations 
Act, 2012 (18 U.S.C. 923 note; Public Law 112-55; 125 Stat. 609-610) is 
amended by striking the sixth proviso.
    (b) The sixth proviso under the heading ``Bureau of Alcohol, 
Tobacco, Firearms and Explosives--Salaries and Expenses'' in title II 
of division B of the Consolidated Appropriations Act, 2010 (18 U.S.C. 
923 note; Public Law 111-117; 123 Stat. 3128-3129) is amended by 
striking ``beginning in fiscal year 2010 and thereafter'' and inserting 
``in fiscal year 2010''.
    (c) The sixth proviso under the heading ``Bureau of Alcohol, 
Tobacco, Firearms and Explosives--Salaries and Expenses'' in title II 
of division B of the Omnibus Appropriations Act, 2009 (18 U.S.C. 923 
note; Public Law 111-8; 123 Stat. 574-576) is amended by striking 
``beginning in fiscal year 2009 and thereafter'' and inserting ``in 
fiscal year 2009''.
    (d) The sixth proviso under the heading ``Bureau of Alcohol, 
Tobacco, Firearms and Explosives--Salaries and Expenses'' in title II 
of division B of the Consolidated Appropriations Act, 2008 (18 U.S.C. 
923 note; Public Law 110-161; 121 Stat. 1903-1904) is amended by 
striking ``beginning in fiscal year 2008 and thereafter'' and inserting 
``in fiscal year 2008''.
    (e) The sixth proviso under the heading ``Bureau of Alcohol, 
Tobacco, Firearms and Explosives--Salaries and Expenses'' in title I of 
the Science, State, Justice, Commerce, and Related Agencies 
Appropriations Act, 2006 (18 U.S.C. 923 note; Public Law 109-108; 119 
Stat. 2295-2296) is amended by striking ``with respect to any fiscal 
year''.
    (f) The sixth proviso under the heading ``Bureau of Alcohol, 
Tobacco, Firearms and Explosives--Salaries and Expenses'' in title I of 
division B of the Consolidated Appropriations Act, 2005 (18 U.S.C. 923 
note; Public Law 108-447; 118 Stat. 2859-2860) is amended by striking 
``with respect to any fiscal year''.

SEC. 4. ELIMINATION OF PROHIBITION ON PROCESSING OF FREEDOM OF 
              INFORMATION ACT REQUESTS ABOUT ARSON OR EXPLOSIVES 
              INCIDENTS OR FIREARM TRACES.

    Section 644 of division J of the Consolidated Appropriations 
Resolution, 2003 (5 U.S.C. 552 note; Public Law 108-7; 117 Stat. 473) 
is repealed.

SEC. 5. REPEAL OF LIMITATIONS ON IMPOSITION OF REQUIREMENT THAT 
              FIREARMS DEALERS CONDUCT PHYSICAL CHECK OF FIREARMS 
              INVENTORY.

    The fifth proviso under the heading ``Bureau of Alcohol, Tobacco, 
Firearms and Explosives--Salaries and Expenses'' in title II of 
division B of the Consolidated and Further Continuing Appropriations 
Act, 2013 (18 U.S.C. 923 note; Public Law 113-6; 127 Stat. 248) is 
amended by striking ``and any fiscal year thereafter''.

SEC. 6. ELIMINATION OF PROHIBITION ON CONSOLIDATION OR CENTRALIZATION 
              IN THE DEPARTMENT OF JUSTICE OF FIREARMS ACQUISITION AND 
              DISPOSITION RECORDS MAINTAINED BY FEDERAL FIREARMS 
              LICENSEES.

    The matter under the heading ``Bureau of Alcohol, Tobacco, Firearms 
and Explosives--Salaries and Expenses'' in title II of division B of 
the Consolidated and Further Continuing Appropriations Act, 2012 (18 
U.S.C. 923 note; Public Law 112-55; 125 Stat. 609) is amended--
            (1) by striking the first proviso; and
            (2) in the second proviso, by striking ``further''.

SEC. 7. REPEAL OF REQUIREMENT TO DESTROY INSTANT CRIMINAL BACKGROUND 
              CHECK RECORDS WITHIN 24 HOURS.

    Section 511 of the Consolidated and Further Continuing 
Appropriations Act, 2012 (34 U.S.C. 40901 note; Public Law 112-55; 125 
Stat. 632) is amended--
            (1) by striking ``--'' and all that follows through 
        ``(1)''; and
            (2) by striking the semicolon and all that follows and 
        inserting a period.
                                 &lt;all&gt;
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