I 
110TH CONGRESS 
1ST SESSION H. R. 4818 
To combat illegal gun trafficking, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 18, 2007 
Mr. KING of New York (for himself and Mr. RANGEL) introduced the 
following bill; which was referred to the Committee on the Judiciary 
A BILL 
To combat illegal gun trafficking, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Detectives Nemorin 
and Andrews Anti-Gun Trafficking Act of 2008’’. 
SEC. 2. ILLEGAL GUN TRAFFICKING. 
Section 924 of title 18, United States Code, is 
amended by adding at the end the following: 
‘‘(q) Whoever, in or affecting interstate or foreign 
commerce in violation of subsection (a)(1)(A), (a)(3), 
(a)(6), (b)(2), (b)(3), (b)(5), (d), (g), (i), (j), (k), (m), or 
(n) of section 922 or subsection (c) or (h) of this section— 
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‘‘(1) offers for sale, transfer, or barter 2 or 
more firearms, at least 2 of which are handguns, 
semiautomatic assault weapons, short-barreled shot-
guns, short-barreled rifles, or machineguns; and 
‘‘(2) at least 1 of the firearms— 
‘‘(A) is transported, received, or possessed 
by the person, and— 
‘‘(i) is stolen; or 
‘‘(ii) has had the importer’s or manu-
facturer’s serial number removed, obliter-
ated, or altered; or 
‘‘(B) is offered by the person for sale, 
transfer, or barter to another person who— 
‘‘(i) is prohibited from possessing a 
firearm under subsection (g) or (n) of sec-
tion 922; 
‘‘(ii) is prohibited by State law from 
possessing a firearm; 
‘‘(iii) has not attained 18 years of 
age, except as otherwise allowed under 
Federal or State law; 
‘‘(iv) is in a school zone; or 
‘‘(v) has travelled from any State into 
any other State, and acquires or attempts 
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to acquire the firearm otherwise in viola-
tion of Federal or State law, 
shall be fined under this title, imprisoned not more than 
20 years, or both.’’. 
SEC. 3. EXPANSION OF PROJECT SAFE NEIGHBORHOODS. 
Section 104 of the 21st Century Department of Jus-
tice Appropriations Authorization Act (Public Law 107– 
273) is amended— 
(1) in subsection (a), by inserting ‘‘, illegal gun 
trafficking,’’ after ‘‘violence’’ ; and 
(2) in subsection (b), by striking ‘‘2002’’ and 
inserting ‘‘2008’’. 
SEC. 4. REPORT TO THE CONGRESS. 
Beginning in calendar year 2008, the Attorney Gen-
eral shall submit biennially to the Congress a written re-
port, covering the preceding 2 years, which specifies— 
(1) the State of origin for each firearm, used in 
a crime, that was traced by the Bureau of Alcohol, 
Tobacco, Firearms, and Explosives, and the State in 
which the firearm was recovered; 
(2) the total number of firearms so traced, by 
manufacturer, model, and type of firearm; 
(3) the name of Federal firearms licensees who 
have had more than 5 firearms, used in a crime, 
traced back to them in a single year; and 
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(4) the number of prosecutions for each indi-
vidual offense under sections 922, 923, and 924 of 
title 18, United States Code. 
SEC. 5. ADDITIONAL PENALTY FOR POSSESSION OF A STO-
LEN FIREARM DURING THE COMMISSION OF 
A FELONY. 
Section 924 of title 18, United States Code, as 
amended by section 2 of this Act, is amended by adding 
at the end the following: 
‘‘(r) Whoever, during and in relation to the commis-
sion of a crime punishable by imprisonment for a term 
exceeding 1 year, receives, possesses, conceals, barters, 
sells, or disposes of any stolen firearm or stolen ammuni-
tion, in or affecting interstate or foreign commerce, wheth-
er or not the person is aware that the firearm or ammuni-
tion is stolen, shall, in addition to the punishment pro-
vided for the crime so punishable, be sentenced to a term 
of imprisonment of not more than 5 years.’’. 
SEC. 6. NATIONAL CRIME INFORMATION CENTER STOLEN 
GUN FILE. 
(a) AVAILABILITY.—The Federal Bureau of Inves-
tigation shall make available to the Bureau of Alcohol, To-
bacco, Firearms, and Explosives the National Crime Infor-
mation Center Gun File for the purpose of enabling the 
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Bureau of Alcohol, Tobacco, Firearms, and Explosives to 
access the file while completing a crime gun trace. 
(b) USE.—The Bureau of Alcohol, Tobacco, Fire-
arms, and Explosives shall conduct a search of the Na-
tional Crime Information Center Stolen Gun File with re-
spect to each firearm submitted to the Bureau of Alcohol, 
Tobacco, Firearms, and Explosives for tracing. 
(c) NOTIFICATION
REGARDING
STOLEN
FIRE-
ARMS.—If a law enforcement agency requests the Bureau 
of Alcohol, Tobacco, Firearms, and Explosives to trace a 
firearm, and the National Crime Information Center Sto-
len Gun File indicates that the firearm is stolen, then the 
Bureau of Alcohol, Tobacco, Firearms, and Explosives 
shall notify the law enforcement agency of that informa-
tion and provide the law enforcement agency with any 
available information regarding the owner of the firearm. 
(d) RETURN OF STOLEN FIREARMS POSSESSED BY 
BATFE.—If the Bureau of Alcohol, Tobacco, Firearms, 
and Explosives possesses a firearm which the National 
Crime Information Center Stolen Gun File indicates is 
stolen, the Bureau shall return the firearm to the person 
who reported the firearm stolen, when the Bureau deter-
mines that— 
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(1) the firearm is no longer needed for Federal, 
State, or local criminal investigation or evidentiary 
purposes; and 
(2) the person is entitled to possess the firearm. 
(e) NATIONAL INSTANT STOLEN GUN CHECK SYS-
TEM.— 
(1) ESTABLISHMENT.—Within 2 years after the 
date of the enactment of this Act, the Attorney Gen-
eral shall establish a national instant stolen gun 
check system that any licensee may contact, by tele-
phone or other electronic means, for information to 
be supplied immediately on whether a firearm to be 
received by the licensee is stolen. 
(2) INSTANT CHECK OF STATUS OF FIREARMS 
TO BE TRANSFERRED TO CERTAIN FEDERAL FIRE-
ARMS LICENSEES BY NON-LICENSEES.—If the na-
tional instant stolen gun check system is contacted 
by a licensee for information on whether a firearm 
to be received by the licensee is stolen, the system 
shall, as soon as is practicable— 
(A) conduct a search of the National 
Crime Information Center Stolen Gun File for 
information about the firearm; and 
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(B) inform the licensee whether the infor-
mation available to the system indicates that 
the firearm is stolen. 
(3) NOTIFICATION OF LICENSEES.—On estab-
lishment of the national instant stolen gun check 
system under this subsection, the Attorney General 
shall notify each licensee and the chief law 
enforement officer of each State of the existence and 
purpose of the system and the means to be used to 
contact the system. 
(4) PERMANENT
RETENTION
OF
RECORDS.— 
The national instant stolen gun check system shall 
create and maintain permanently a record of each 
contact of the system, and all information provided 
to or by the system during the contact. 
(5) DEFINITIONS.—In this section: 
(A) 
LICENSEE.—The 
term 
‘‘licensee’’ 
means a licensed dealer (as defined in section 
921(a)(11) of title 18, United States Code), li-
censed importer (as defined in section 921(a)(9) 
of such title), or licensed manufacturer (as de-
fined in section 921(a)(10) of such title). 
(B) FIREARM.—The term ‘‘firearm’’ has 
the meaning given in section 921(a)(3) of title 
18, United States Code. 
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(f) FEDERAL FIREARMS LICENSEE REQUIRED TO 
CONTACT NATIONAL INSTANT STOLEN GUN CHECK SYS-
TEM
BEFORE
RECEIVING
FIREARM
FROM
NON-LI-
CENSEE.— 
(1) IN GENERAL.—Section 922(s) of title 18, 
United States Code, is amended to read as follows: 
‘‘(s)(1) Beginning on the date that is 30 days after 
the Attorney General notifies licensees under section 
6(e)(3) of the Detectives Nemorin and Andrews Anti-Gun 
Trafficking Act of 2008 that the national instant stolen 
gun check system is established, a licensed importer, li-
censed manufacturer, or licensed dealer shall not receive 
a firearm from any person who is not licensed under this 
chapter, unless— 
‘‘(A) the licensee has verified the identity of the 
person by examining a valid identification document 
(as defined in section 1028(d) of this title) of the 
person that satisfies the requirements of section 202 
of the REAL ID Act of 2005; 
‘‘(B) the licensee has contacted the national in-
stant stolen gun check system established under sub-
section (e) of such section 6, and provided the sys-
tem with— 
‘‘(i) the name and address of the person; 
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‘‘(ii) a description of the identification doc-
ument referred to in subparagraph (A) of this 
paragraph, including the number appearing on 
the document; and 
‘‘(iii) the name of the manufacturer, and 
the caliber and serial number, of the firearm; 
and 
‘‘(C)(i) the system has provided the licensee 
with a unique identification number; or 
‘‘(ii) 3 business days (meaning a day on which 
State offices are open) have elapsed since the li-
censee contacted the system, and the system has not 
notified the licensee that the firearm is stolen. 
‘‘(2) If the system determines that the information 
available to the system does not indicate that the firearm 
is stolen, the system shall— 
‘‘(A) assign a unique identification number to 
the transaction; and 
‘‘(B) provide the licensee with the number. 
‘‘(3) If the system notifies the licensee that the infor-
mation available to the system indicates that the firearm 
is stolen, the licensee shall contact the Bureau of Alcohol, 
Tobacco, Firearms, and Explosives or another law enforce-
ment agency having jurisdiction over possession of stolen 
firearms in the dealer’s location and shall comply with the 
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instructions of any such agency concerning the disposition 
of the firearm, the gathering of information relating to 
the offeror of the firearm, and other assistance in the re-
moval of the firearm from the stream of commerce. 
‘‘(4) If the licensee knowingly receives the firearm 
from the person and knowingly fails to comply with para-
graph (1) with respect to the receipt and, at the time of 
the receipt, the system was operating and information was 
available to the system indicating that the firearm was sto-
len, the Attorney General may, after notice and oppor-
tunity for a hearing, suspend for not more than 6 months 
or revoke any license issued to the licensee under section 
923, and may impose on the licensee a civil fine of not 
more than $5,000. 
‘‘(5)(A) This subsection shall not be interpreted to 
limit any exercise of authority under subsection (d)(1)(C) 
or (e) of section 923. 
‘‘(B) In the event of a conflict between the provisions 
of this subsection and a rule or regulation issued under 
section 923(j), the provisions of this subsection shall con-
trol.’’. 
(2) RECORDKEEPING
REQUIREMENT.—Section 
923(g)(1)(A) of such title is amended by inserting 
after the 1st sentence the following: ‘‘In the case of 
the receipt of a firearm pursuant to section 922(s), 
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in addition to the requirements of such regulations, 
the importer, manufacturer, or dealer shall retain a 
record of the information described in section 
922(s)(1)(B), a copy of the identification document 
referred to in section 922(s)(1)(A), and a record of 
the unique identification number provided to the li-
censee pursuant to section 922(s)(1)(C), with re-
spect to the transaction.’’. 
SEC. 7. ADDITIONAL PENALTY FOR POSSESSION OF A FIRE-
ARM WITH AN OBLITERATED SERIAL NUM-
BER DURING THE COMMISSION OF A FELONY. 
Section 924 of title 18, United States Code, as 
amended by sections 2 and 5 of this Act, is amended by 
adding at the end the following: 
‘‘(s) Whoever, during and in relation to the commis-
sion of a crime punishable by imprisonment for a term 
exceeding 1 year, transports, possesses, or receives, in or 
affecting interstate or foreign commerce, a firearm which 
has had the importer’s or manufacturer’s serial number 
removed, obliterated, or altered, regardless of whether or 
not the person is aware of the removal, obliteration, or 
alteration, shall, in addition to the punishment provided 
for the crime so punishable, be sentenced to a term of 
imprisonment of not more than 5 years.’’. 
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SEC. 8. ENHANCED PENALTIES FOR THE USE OF A STOLEN 
FIREARM OR A FIREARM WITH AN OBLITER-
ATED SERIAL NUMBER DURING THE COMMIS-
SION OF A CRIME OF VIOLENCE OR DRUG 
TRAFFICKING CRIME. 
Section 924(c)(1)(A) of title 18, United States Code, 
is amended— 
(1) in clause (i), by inserting ‘‘, or if the fire-
arm was stolen or had the manufacturer’s serial 
number removed, obliterated, or altered, not less 
than 7 years’’ after ‘‘years’’; 
(2) in clause (ii), by inserting ‘‘, or if the fire-
arm was stolen or had the manufacturer’s serial 
number removed, obliterated, or altered, not less 
than 9 years’’ after ‘‘years’’; and 
(3) in clause (iii), by inserting ‘‘, or if the fire-
arm was stolen or had the manufacturer’s serial 
number removed, obliterated, or altered, not less 
than 12 years’’ after ‘‘years’’. 
Æ 
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