To combat illegal gun trafficking, and for other purposes.

July 25, 2003

Mr. KING of New York (for himself and Mr. MEEHAN) introduced the following bill; which was referred to the Committee on the Judiciary

To combat illegal gun trafficking, 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 `Detectives Nemorin and Andrews Anti-Gun Trafficking Act of 2003'.

SEC. 2. FINDINGS.

The Congress finds the following:

(1) Illegal gun traffickers are a principal source of firearms for criminals.

(2) Illegal gun traffickers are often criminals in other respects, and gun trafficking investigations provide another means to prevent them from harming the community.

(3) Criminals obtain their guns from the illegal market by a variety of sources, such as from--

(A) corrupt Federal firearm licensees, who are associated with the largest number of illegally trafficked firearms--nearly 40,000 firearms over the 30-month period from July 1996 through December 1998;

(B) straw purchasers, who buy firearms for persons prohibited from receiving firearms, and who are the most common channel in gun trafficking investigations, accounting for almost half of all such investigations over the 30-month period from July 1996 through December 1998; and

(C) firearms thefts, with investigations involving firearms stolen from residences or federally licensed firearms dealers being associated with over 9,000 trafficked firearms over the 30-month period from July 1996 through December 1998.

(4) The Bureau of Alcohol, Tobacco, Firearms, and Explosives has discerned significant interstate patterns in illegal gun trafficking, including the trafficking of firearms between the Southeast and Northeast; from the South into the Midwest and from California into other western States. Nationally, slightly less than half of all gun trafficking investigations involve interstate gun trafficking.

SEC. 3. ILLEGAL GUN TRAFFICKING.

Section 924 of title 18, United States Code, is amended by adding at the end the following:

`(p)(1) Whoever, in or affecting interstate or foreign commerce in violation of subsection (a)(6), (g), or (n) of section 922 or subsection (c) of this section--

`(A) offers for sale, transfer, or barter 2 or more firearms, at least 2 of which are handguns, semiautomatic assault weapons, short-barreled shotguns, short-barreled rifles, or machineguns; and

`(B) at least 1 of the firearms--

`(i) is transported, received, or possessed by the person, and--

`(I) is stolen; or

`(II) has had the importer's or manufacturer's serial number removed, obliterated, or altered; or

`(ii) 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 section 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 to acquire the firearm otherwise in violation of Federal or State law,

shall be fined under this title, imprisoned not more than 20 years, or both.

`(2) Paragraph (1) shall not apply to conduct of a licensed dealer at the premises from which the licensed dealer conducts business subject to the license, or pursuant to section 923(j).'.

SEC. 4. EXPANSION OF PROJECT SAFE NEIGHBORHOODS.

Section 104 of the 21st Century Department of Justice 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 `2004'.

SEC. 5. REPORT TO THE CONGRESS.

Beginning in calendar year 2005, the Attorney General shall submit biennially to the Congress a written report, 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 50 firearms, used in a crime, traced back to them in a single year; and

(4) the number of prosecutions for each individual offense under sections 922, 923, and 924 of title 18, United States Code.

SEC. 6. ADDITIONAL PENALTY FOR POSSESSION OF A STOLEN FIREARM DURING THE COMMISSION OF A FELONY.

Section 924 of title 18, United States Code is amended by adding at the end the following:

`(q)(1) Whoever, during and in relation to the commission of a crime punishable by imprisonment for a term exceeding one year, receives, possesses, conceals, barters, sells, or disposes of any stolen firearm or stolen ammunition, in or affecting interstate or foreign commerce, whether or not the person is aware that the firearm or ammunition is stolen, 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.

`(2) Paragraph (1) shall not apply if the person obtained the firearm or ammunition from a licensed dealer at the place of business specified on the license of the dealer issued under this chapter.'.

SEC. 7. NATIONAL CRIME INFORMATION CENTER STOLEN GUN FILE.

(a) AVAILABILITY- The Federal Bureau of Investigation shall make available to the Bureau of Alcohol, Tobacco, Firearms, and Explosives the National Crime Information Center Gun File for the purpose of enabling the Bureau of Alcohol, Tobacco, Firearms, and Explosives to access the file while completing a crime gun trace.

(b) USE- The Bureau of Alcohol, Tobacco, Firearms, and Explosives shall conduct a search of the National Crime Information Center Stolen Gun File with respect to each firearm submitted to the Bureau of Alcohol, Tobacco, Firearms, and Explosives for tracing.

(c) NOTIFICATION REGARDING STOLEN FIREARMS- If a law enforcement agency requests the Bureau of Alcohol, Tobacco, Firearms, and Explosives to trace a firearm, and the National Crime Information Center Stolen 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 information 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 System Gun File indicates is stolen, the Bureau shall return the firearm to the person who reported the firearm stolen, when the Bureau determines that--

(1) the firearm is no longer needed for criminal investigation or evidentiary purposes; and

(2) the person is entitled to possess the firearm.

(e) USE BY FEDERAL FIREARMS LICENSEES ENROLLED IN THE NICS SYSTEM- Within 2 years after the date of the enactment of this Act, the Federal Bureau of Investigation, shall allow all Federal firearms licensees enrolled in the National Instant Criminal Background Check System to conduct a search of the National Crime Information Center Stolen Gun File with respect to any firearm the licensee purchases, receives, possesses, or accepts as security for a loan, from any person not licensed under section 923 of title 18, United States Code.

SEC. 8. ADDITIONAL PENALTY FOR POSSESSION OF A FIREARM WITH AN OBLITERATED SERIAL NUMBER DURING THE COMMISSION OF A FELONY.

Section 924 of title 18, United States Code, is amended by adding at the end the following:

`(r) Whoever, during and in relation to the commission of a crime punishable by imprisonment for a term exceeding one 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.'.

SEC. 9. ENHANCED PENALTIES FOR THE USE OF A STOLEN FIREARM OR A FIREARM WITH AN OBLITERATED SERIAL NUMBER DURING THE COMMISSION 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 firearm 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 firearm 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 firearm was stolen or had the manufacturer's serial number removed, obliterated, or altered, not less than 12 years'after `years'.

END