108th CONGRESS
1st Session

To require ballistics testing of firearms manufactured in or imported into the United States, and to provide for the compilation, use, and availability of ballistics information for the purpose of curbing the use of firearms in crime.

January 7, 2003

Mr. BECERRA introduced the following bill; which was referred to the Committee on Judiciary

To require ballistics testing of firearms manufactured in or imported into the United States, and to provide for the compilation, use, and availability of ballistics information for the purpose of curbing the use of firearms in crime.

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 `Bullet Tracing Act To Reduce Gun Violence'.

SEC. 2. PROHIBITION ON TRANSFER OF FIREARM BY LICENSED FIREARMS MANUFACTURER OR LICENSED FIREARMS IMPORTER BEFORE TEST FIRING AND TRANSMISSION OF BALLISTICS RECORDS.

(a) IN GENERAL- Chapter 44 of title 18, United States Code, is amended by adding at the end the following:

`Sec. 931. Test firing and transmission of ballistics records

`(a) A licensed manufacturer or licensed importer shall not transfer a firearm to any person before--

`(1) test firing the firearm;

`(2) preparing ballistics records of the fired bullet and cartridge casings from the test fire; and

`(3) transmitting the records to the Attorney General.

`(b)(1)(A) With respect to each violation of subsection (a) by a licensee, the Attorney General may, after notice and opportunity for hearing, suspend for not more than 5 years or revoke the license of the licensee, impose on the licensee a civil fine of not more than $20,000, or both.

`(B) An action of the Attorney General under this paragraph may be reviewed only as provided in section 923(f).

`(2) The suspension or revocation of a license or the imposition of a civil fine under paragraph (1) shall not preclude any administrative remedy that is available to the Attorney General under other law.

`(3) Whoever knowingly violates subsection (a) shall be fined under this title, imprisoned not more than 5 years, or both.'.

(b) DEFINITION OF BALLISTICS- Section 921(a) of such title is amended by adding at the end the following:

`(35) The term `ballistics' means a comparative analysis of fired bullets or cartridge casings to identify the firearm from which the bullets or cartridge casings were discharged, through the identification of the unique characteristics that each firearm imprints on bullets and cartridge casings.'.

(c) CLERICAL AMENDMENT- The table of sections for such chapter is amended by adding at the end the following:

`931. Test firing and automated storage of ballistics records.'.

(d) EFFECTIVE DATE- The amendments made by this section shall take effect 1 year after the date of the enactment of this Act.

SEC. 3. COMPILATION, USE, AND AVAILABILITY OF BALLISTICS INFORMATION.

(a) COMPILATION OF INFORMATION- The Attorney General shall compile, in electronic form, the ballistics records transmitted pursuant to section 931(a)(3) of title 18, United States Code, and shall make the compilation available for use in Federal, State, and local criminal investigations, arrests, indictments, and prosecutions.

(b) FEDERAL ASSISTANCE TO FIREARM MANUFACTURERS AND IMPORTERS- The Attorney General shall assist qualified firearms manufacturers and qualified firearms importers in--

(1) obtaining use of new and upgraded computerized ballistics equipment and bullet recovery equipment owned by the Federal Government, to be placed at the sites of licensed manufacturers and licensed importers;

(2) training personnel necessary to develop, maintain, research, and evaluate a database containing ballistics information on firearms possessed by the manufacturers or importers, and to record and transmit to the Attorney General such information; and

(3) taking any other steps necessary to implement effective ballistics testing.

(c) QUALIFIED FIREARMS MANUFACTURERS AND QUALIFIED FIREARMS IMPORTERS- A manufacturer or importer of firearms shall be considered qualified for assistance under subsection (b) only if the Attorney General determines that the manufacturer or importer meets such uniform requirements as the Attorney General establishes relating to the creation, preservation, and transmission of ballistics records described in section 931(a) of title 18, United States Code.

(d) ANNUAL REPORTS ON EFFECTS OF THIS ACT- Not later than 1 year after the date of the enactment of this section and annually thereafter, the Attorney General shall submit to the Congress a report regarding the effects of this Act, including the number of Federal, State, and local criminal investigations, arrests, indictments, and prosecutions of all cases in which access to ballistics records provided under section 931 of title 18, United States Code, served as a valuable investigative tool.

(e) DEFINITIONS- In this section, the terms `licensed manufacturer', `licensed importer', `firearm', and `ballistics' shall have the meanings given in section 921(a) of title 18, United States Code.

END