I
106TH CONGRESS
2D SESSION
H. R. 3563
To prevent the theft of firearms from commercial carriers.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 1, 2000
Mr. BLAGOJEVICH introduced the following bill; which was referred to the
Committee on the Judiciary
A BILL
To prevent the theft of firearms from commercial carriers.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. DUTIES OF COMMERCIAL CARRIERS WHO ARE
SHIPPING FIREARMS.
(a) IN GENERAL.—Section 922 of title 18, United
States Code, is amended by inserting after subsection (y)
the following:
‘‘(z)(1) A common or contract carrier who is trans-
porting, shipping, or delivering a firearm in interstate or
foreign commerce—
‘‘(A) shall, through electronic tracking, be
aware of the identity of each individual who has cus-
tody of or control over the firearm, and the location
of the firearm;
‘‘(B) shall complete the transportation, ship-
ment, or delivery within 24 hours;
‘‘(C) shall report the theft or loss of the firearm
within 24 hours after the theft or loss is discovered,
to the Secretary and to the appropriate local au-
thorities; and
‘‘(D) shall not authorize an individual to have
such custody or control, or assign to any individual
the function of being aware of the information de-
scribed in subparagraph (A) of this paragraph, un-
less the common or contract carrier—
‘‘(i) has contacted the national instant
criminal background check system established
under section 103 of the Brady Handgun Vio-
lence Prevention Act and requested information
from the system on whether receipt of a firearm
by the individual would violate subsection (g) or
(n) of this section or State law; and
‘‘(ii) has received from the system an indi-
cation that receipt of a firearm by the indi-
vidual would not violate subsection (g) or (n) of
this section or State law.
‘‘(2) Paragraph (2) of subsection (t) shall apply to
this subsection as if the common or contract carrier were
the licensee and the request for information described in
paragraph (1)(D) of this subsection were a transfer.’’.
(b) CIVIL MONEY PENALTIES.—Section 924 of such
title is amended by adding at the end the following:
‘‘(p) The Secretary shall impose on any common or
contract carrier who violates section 922(z) a civil money
penalty in an amount equal to not less than $100,000 and
not more than $250,000, for each shipment with respect
to which violation occurs.’’.
(c) AUTHORITY OF COMMERCIAL CARRIERS TO CON-
TACT AND RECEIVE INFORMATION FROM THE NATIONAL
INSTANT CRIMINAL BACKGROUND CHECK SYSTEM.—
(1) IN GENERAL.—Section 103(b) of the Brady
Handgun Violence Prevention Act (18 U.S.C. 922
note) is amended—
(A) by inserting ‘‘or common carrier’’ after
‘‘licensee’’; and
(B) by inserting ‘‘or employee’’ after
‘‘transferee’’.
(2) 
CONFORMING
AMENDMENTS.—Section
103(g) of such Act (18 U.S.C. 922 note) is amended
by inserting ‘‘or employee’’ after ‘‘transferee’’ each
place it appears.
SEC. 2. LOWER THRESHOLD OF PROOF IN CASES ALLEGING
FAILURE OF LICENSEE TO REPORT THEFT
OR LOSS OF FIREARM.
Section 924(a)(1) of title 18, United States Code, is
amended—
(1) by striking ‘‘or’’ at the end of subparagraph
(C);
(2) by redesignating subparagraph (D) as sub-
paragraph (E); and
(3) by inserting after subparagraph (C) the fol-
lowing:
‘‘(D) knowingly or with reckless disregard vio-
lates section 923(g)(6); or’’.
SEC. 3. INCREASE IN PENALTY FOR STEALING A FIREARM.
Subsections (l) and (m) of section 922 of title 18,
United States Code, are each amended by striking ‘‘not
more than 10 years’’ and inserting ‘‘not less than 5 years
and not more than 20 years’’.
Æ