To enhance the security and safety of the Nation by increasing the time allowed to track terrorists during periods of elevated alert, closing loopholes that have allowed terrorists to acquire firearms, maintaining records of certain handgun transfers during periods of heightened terrorist risk, and for other purposes.

May 1, 2003

Mr. LAUTENBERG (for himself, Mr. KENNEDY, Mr. CORZINE, and Mr. REED) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

To enhance the security and safety of the Nation by increasing the time allowed to track terrorists during periods of elevated alert, closing loopholes that have allowed terrorists to acquire firearms, maintaining records of certain handgun transfers during periods of heightened terrorist risk, 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 `Homeland Security Gun Safety Act of 2003'.

SEC. 2. SUSPENSION OF CERTAIN ADMINISTRATIVE PROVISIONS DURING PERIODS OF HEIGHTENED THREAT CONDITION.

Section 922 of title 18, United States Code, is amended--

(1) in subsection (s)(6), by adding at the end the following:

`(D)(i) Subparagraph (B)(i) shall not apply during any period in which the threat condition under the Homeland Security Advisory System is elevated, high, or severe.

`(ii) The provision under clause (i) shall remain in effect until the threat condition has been at the lowest level for 180 consecutive days.'; and

(2) in subsection (t)--

(A) in paragraph (1)(B)(ii), by inserting `subject to paragraph (7),' before `3 business days'; and

(B) by adding at the end the following:

`(7)(A) Paragraphs (1)(B)(ii) and (2)(C) shall not apply during any period in which the threat condition under the Homeland Security Advisory System is elevated, high, or severe.

`(B) The provision under subparagraph (A) shall remain in effect until the threat condition has been at the lowest level for 180 consecutive days.'.

SEC. 3. FIREARM STORAGE AND TRANSFER REQUIREMENTS.

(a) LIMITATIONS ON HANDGUN SALES- Section 922(b) of title 18, United States Code, is amended--

(1) in paragraph (4), by striking `and' at the end;

(2) in paragraph (5), by striking the period at the end and inserting a semicolon; and

(3) by inserting after paragraph (5), the following:

`(6) any firearm to a qualified purchaser if the licensee knows, or has reasonable cause to believe, that--

`(A) the purchaser intends to transfer the firearm to an individual who would otherwise be ineligible to purchase a firearm under this chapter; or

`(B) the gun will be used in the commission of a crime.'.

(b) REPORTING REQUIREMENT- Section 922(s)(6)(C) of title 18, United States Code, is amended to read as follows:

`(C) If a chief law enforcement officer determines that a person is ineligible to receive a handgun, the officer shall--

`(i) notify the Bureau of Alcohol, Tobacco, Firearms, and Explosives of the person's attempt to purchase a firearm; and

`(ii) not later than 20 business days after a request from such person, provide the person with a written explanation of the reasons for such determination.'.

(c) MULTIPLE HANDGUN SALES- Section 922 of title 18, United States Code, is amended by inserting after subsection (y) the following:

`(z) PROHIBITION AGAINST MULTIPLE HANDGUN SALES OR PURCHASES-

`(1) SALES- It shall be unlawful for any licensed dealer--

`(A) during any 30-day period, to sell 2 or more handguns to an individual who is not licensed under section 923; or

`(B) to sell a handgun to an individual who--

`(i) is not licensed under section 923; and

`(ii) purchased a handgun during the 30-day period ending on the date of the sale.

`(2) PURCHASES- It shall be unlawful for any individual who is not licensed under section 923 to purchase 2 or more handguns during any 30-day period.

`(3) EXCHANGES- Paragraph (1) does not apply to an exchange of 1 handgun for 1 handgun.'.

(d) SECURITY STANDARDS FOR STORAGE AND DISPLAY OF FIREARMS-

(1) RULEMAKING AUTHORITY- Not later than 180 days after the date of enactment of this Act, the Attorney General shall, by regulation, prescribe security standards, to prevent theft or other loss of firearms, for the storage and display of firearms by firearms dealers that are licensed under chapter 44 of title 18, United States Code.

(2) PENALTIES FOR VIOLATION OF STANDARDS- If a licensed firearms dealer fails to comply with the standards prescribed pursuant to paragraph (1), the Attorney General--

(A) shall suspend the license of such dealer until the dealer is found to be in compliance with such standards; and

(B) may assess a fine in accordance with section 3571 of title 18, United States Code.

SEC. 4. LICENSING REQUIREMENTS.

(a) REQUIREMENT OF LICENSEES TO COMPLY WITH MINIMUM STANDARDS- Section 923(e) of title 18, United States Code, is amended by striking `or fails' and adding the following: `, fails to comply with the requirements under subsection (d)(1), or fails'.

(b) UNLIMITED INSPECTIONS- Section 923(g)(1)(B) of title 18, United States Code, is amended by striking `without such reasonable cause or war-rant--' and all that follows and inserting `at any time without such reasonable cause or warrant.'.

(c) SECONDHAND FIREARM PURCHASES; CRIMINAL BACKGROUND CHECKS- Section 923 of title 18, United States Code, is amended by adding at the end the following:

`(m)(1) A licensed importer, licensed dealer, or licensed collector shall, before purchasing a firearm from a person who is not licensed under this chapter, check the make, model, and serial number of the firearm against the Stolen Gun File of the National Crime Information Center.

`(2) If a record of the firearm under paragraph (1) is contained in the Stolen Gun File, the licensee who acquired such information shall immediately report the make, model, and serial number of the firearm of an unlicensed person and the name of the person who offered to sell the firearm to--

`(A) the National Crime Information Center;

`(B) the Bureau of Alcohol, Tobacco, Firearms, and Explosives; and

`(C) local law enforcement.

`(n)(1) Each licensee shall submit to the Attorney General the name and other identifying information of each responsible person or employee who will be authorized by the licensee to handle or possess firearms in the course of employment with the licensee. Upon the receipt of such information from the licensee, the Attorney General shall determine whether the responsible person or employee is described under section 922(d).

`(2) If the Attorney General determines that the responsible person or employee is not described under section 922(d), the Attorney General shall notify the licensee in writing or electronically of the determination and issue, to the responsible person or employee, a letter of clearance, which confirms the determination.

`(3) If the Attorney General determines that the responsible person or employee is described under section 922(d), the Attorney General shall notify the licensee in writing or electronically of the determination and issue to the responsible person or employee, as the case may be, a document that--

`(A) confirms the determination;

`(B) explains the grounds for the determination;

`(C) provides information on how the disability may be relieved; and

`(D) explains how the determination may be appealed.'.

SEC. 5. PENALTIES.

(a) ENHANCED PENALTIES- Section 924(a) of title 18, United States Code, is amended--

(1) in paragraph (2), by striking `or (o)' and inserting `(o), or (z)';

(2) in paragraph (3), by striking `one year' and inserting `5 years'; and

(3) in paragraph (6)(B)(i), by striking `1 year' and inserting `5 years'.

(b) MANDATORY SUSPENSION OF LICENSE WHEN LICENSEE CHARGED WITH CRIME- Section 924 of title 18, United States Code, is amended by adding at the end the following:

`(p) A license issued to a person under this chapter shall be suspended when the licensee is charged with a violation of this chapter. Such suspension shall continue until--

`(1) the licensee is convicted of the violation, at which time the license shall be revoked; or

`(2) the licensee is acquitted, at which time the license shall be restored.'.

(c) PENALTY FOR FAILURE TO REPORT MISSING FIREARMS- Section 924 of title 18, United States Code, as amended by subsection (b), is further amended by adding at the end the following:

`(q)(1) A person who violates section 923(g)(6), or makes a false statement relating to firearms, shall, immediately upon discovery by the Attorney General of such conduct, have any license issued under this chapter immediately suspended for not less than 48 hours. A suspension under this subsection shall not terminate until the Attorney General completes an investigation of the conduct that necessitated such suspension.

`(2) A dealer, importer, manufacturer, or collector licensed under this chapter who violates section 923(g), or knowingly makes a false statement in connection with the firearms of such licensee, may be fined under this title and imprisoned not more than 5 years.'.

SEC. 6. EXPLOSIVE MATERIALS.

Section 845(a)(5) of title 18, United States Code, is amended by striking `fifty pounds' and inserting `5 pounds'.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated for fiscal year 2004--

(1) $50,000,000 to hire not less than 500 new inspectors within the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice; and

(2) $100,000,000 to hire not less than 1000 new agents within the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice.

END