109th CONGRESS
1st Session
H. R. 4390
To ensure greater accountability by licensed firearms dealers.
IN THE HOUSE OF REPRESENTATIVES
November 18, 2005
Mr. LANGEVIN (for himself, Mr. SHAYS, Mrs. MCCARTHY, Ms. CORRINE BROWN
of Florida, Mr. VAN HOLLEN, Ms. DELAURO, Mr. KENNEDY of Rhode Island, Mr.
CASE, Mr. WEXLER, Mr. MORAN of Virginia, Mr. LEWIS of Georgia, Ms. SCHAKOWSKY,
Ms. NORTON, and Ms. WOOLSEY) introduced the following bill; which was referred
to the Committee on the Judiciary
A BILL
To ensure greater accountability by licensed firearms dealers.
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 `Crackdown on Deadbeat Dealers Act of 2005'.
SEC. 2. FINDINGS.
The Congress finds that--
(1) a small number of licensed firearms dealers account for a large proportion
of the firearms traced from crimes;
(2) in 1998, 1.2 percent of licensed firearms dealers--1,020 of the approximately
83,200 licensed retail firearms dealers and pawnbrokers--accounted for
over 57 percent of the crime guns traced to licensed firearms dealers;
and
(3) in 1998, just over 450 licensed firearms dealers had traced to them
10 or more guns that were used in crimes within 3 years after they sold
the guns.
SEC. 3. INCREASING THE NUMBER OF ALLOWED COMPLIANCE INSPECTIONS OF FIREARMS
DEALERS.
Section 923(g)(1)(B)(ii)(I) of title 18, United States Code, is amended
by striking `once' and inserting `3 times'.
SEC. 4. INCREASING PENALTIES ON FIREARMS LICENSEES.
Section 924(a)(3) of title 18, United States Code is amended by striking
`one year' and inserting `5 years'.
SEC. 5. SERIOUS RECORDKEEPING OFFENSES THAT AID GUN TRAFFICKING.
Section 924(a)(3) of title 18, United States Code, is amended by striking
the period and inserting `; but if the violation is in relation to an offense
under subsection (a)(6) or (d) of section 922, shall be fined under this
title, imprisoned not more than 10 years, or both.'.
SEC. 6. SUSPENSION OF FIREARMS DEALER'S LICENSE AND CIVIL PENALTIES FOR
VIOLATIONS OF THE GUN CONTROL ACT.
Subsections (e) and (f) of section 923 of title 18, United States Code,
are amended to read as follows:
`(e) The Attorney General may, after notice and opportunity for hearing,
suspend or revoke any license issued under this section, or may subject
the licensee to a civil penalty of not more than $10,000 per violation,
if the holder of the license has willfully violated any provision of this
chapter or any rule or regulation prescribed by the Attorney General under
this chapter or fails to have secure gun storage or safety devices available
at any place in which firearms are sold under the license to persons who
are not licensees (except that in any case in which a secure gun storage
or safety device is temporarily unavailable because of theft, casualty loss,
consumer sales, backorders from a manufacturer, or any other similar reason
beyond the control of the licensee, the dealer shall not be considered to
be in violation of the requirement to make available such a device). The
Attorney General may, after notice and opportunity for hearing, suspend
or revoke the license of, or assess a civil penalty of not more than $10,000
on, a dealer who willfully transfers armor piercing ammunition. The Attorney
General may at any time compromise, mitigate, or remit the liability with
respect to any willful violation of this chapter or any rule or regulation
prescribed by the Attorney General under this chapter. The Attorney General's
actions under this subsection may be reviewed only as provided in subsection
(f).
`(f)(1) Any person whose application for a license is denied and any holder
of a license which is suspended or revoked or who is assessed a civil penalty
shall receive a written notice from the Attorney General stating specifically
the grounds upon which the application was denied or upon which the license
was suspended or revoked or the civil penalty assessed. Any notice of a
suspension or revocation of a license shall be given to the holder of the
license before the effective date of the suspension or revocation.
`(2) If the Attorney General denies an application for a license, or suspends
or revokes a license, or assesses a civil penalty, the Attorney General
shall, upon request by the aggrieved party, promptly hold a hearing to review
the denial, suspension, revocation, or assessment. In the case of a suspension
or revocation of a license, the Attorney General shall, on the request of
the holder of the license, stay the effective date of the suspension or
revocation. A hearing under this paragraph shall be held at a location convenient
to the aggrieved party.
`(3) If after a hearing held under paragraph (2) the Attorney General decides
not to reverse the decision to deny an application or suspend or revoke
a license or assess a civil penalty, the Attorney General shall give notice
of the decision to the aggrieved party. The aggrieved party may at any time
within 60 days after the date notice is given under this paragraph file
a petition with the United States district court for the district in which
party resides or in which the party's principal place of business is located
for a de novo judicial review of the denial, suspension, revocation, or
assessment. In a proceeding conducted under this subsection, the court may
consider any evidence submitted by the parties to the proceeding whether
or not such evidence was considered at the hearing held under paragraph
(2). If the court decides that the Attorney General was not authorized to
deny the application or to suspend or revoke the license or to assess the
civil penalty, the court shall order the Attorney General to take such action
as may be necessary to comply with the judgment of the court.'.
SEC. 7. TERMINATION OF FIREARMS DEALER'S LICENSE UPON FELONY CONVICTION.
Section 925(b) of title 18, United States Code, is amended by striking `until
any conviction pursuant to the indictment becomes final' and inserting `until
the date of any conviction pursuant to the indictment'.
SEC. 8. HIRING AND TRAINING OF ADDITIONAL INSPECTORS FOR THE BUREAU OF
ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES.
(a) Limitations on Authorization of Appropriations- For the hiring and training
of 500 additional inspectors for the Bureau of Alcohol, Tobacco, Firearms,
and Explosives of the Department of Justice, there are authorized to be
appropriated--
(1) not more than $100,000,000 for fiscal year 2006; and
(2) not more than $55,000,000 for each of fiscal years 2007 through 2010.
(b) Availability of Appropriations- Amounts appropriated under subsection
(a) are authorized to remain available until expended.
END
