109th CONGRESS
2d Session

S. 2629

To improve the tracking of stolen firearms and firearms used in a crime, to allow more frequent inspections of gun dealers to ensure compliance with Federal gun law, to enhance the penalties for gun trafficking, and for other purposes.

IN THE SENATE OF THE UNITED STATES

April 24, 2006

Mr. SCHUMER introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To improve the tracking of stolen firearms and firearms used in a crime, to allow more frequent inspections of gun dealers to ensure compliance with Federal gun law, to enhance the penalties for 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 `Anti-Gun Trafficking Penalties Enhancement Act of 2006'.

SEC. 2. FIREARMS TRACE SYSTEM.

    (a) In General- The Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2006 (Public Law 109-108) is amended in title I, under the heading `Bureau of Alcohol, Tobacco, Firearms and Explosives', by striking `Provided further, That no funds appropriated under this or any other Act with respect to any fiscal year may be used to disclose part or all of the contents of the Firearms Trace System database' and all that follows through `section 921(a)(10) of such title):'.

    (b) Requests for Information- Upon receipt of a written request from a State or local government or law enforcement agency for information contained in the Firearms Trace System database maintained by the National Trace Center of the Bureau of Alcohol, Tobacco, Firearms and Explosives (or any successor database or agency), the Attorney General shall provide all data in such database that is responsive to such request for information.

SEC. 3. STOLEN FIREARMS.

    (a) Definition- As used in this section, the term `firearm' has the meaning given the term by section 921 of title 18, United States Code.

    (b) Federal Officials- If a Federal law enforcement agency investigates the commission of a crime and determines that a specific firearm is known to have been stolen or to have been used in such crime, the agency shall provide information regarding the firearm to the Bureau of Alcohol, Firearms, Tobacco, and Explosives, for inclusion in the Firearms Trace System database.

    (c) State and Local Officials- Section 1702 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-1) is amended by adding at the end the following:

    `(e) Stolen Firearms-

      `(1) DEFINITION- As used in this subsection, the term `firearm' has the meaning given the term by section 921 of title 18, United States Code.

      `(2) REPORTING- If a State or local law enforcement agency receiving a grant under this part investigates the commission of a crime and determines that a specific firearm is known to have been stolen or to have been used in such crime, the agency shall provide information regarding the firearm to the Bureau of Alcohol, Firearms, Tobacco, and Explosives, for inclusion in the Firearms Trace System database.'.

SEC. 4. INSPECTIONS OF GUN DEALERS.

    Section 923(g)(1)(B)(ii) of title 18, United States Code, is amended by striking subclause (I) and inserting the following:

        `(I) at any time that the Attorney General may reasonably require; and'.

SEC. 5. ILLEGAL FIREARMS TRAFFICKING.

    (a) Increased Maximum Term of Imprisonment- Section 924 of title 18, United States Code, is amended--

      (1) in subsection (a)(2)--

        (A) by inserting `(A)' after `(2)';

        (B) by striking `(d),'; and

        (C) by adding at the end the following:

    `(B) Whoever knowingly violates subsection (d) of section 922 shall be fined under this title, imprisoned not more than 20 years, or both.';

      (2) in subsection (g), by striking `10 years, fined in accordance with' and inserting `20 years, fined under';

      (3) in subsection (h), by striking `10 years, fined in accordance with' and inserting `20 years, fined under'; and

      (4) in subsection (n), by striking `10 years' and inserting `20 years'.

    (b) Racketeering Activity- Section 1961(1) of title 18, United States Code, is amended by inserting `section 922(d) (relating to firearms sales to ineligible persons), subsections (g), (h), and (n) of section 924 (relating to illegal firearms trafficking),' before `section 1028'.

END