HR 4900
110th CONGRESS
1st Session
H. R. 4900
To reform the Bureau of Alcohol, Tobacco, Firearms, and Explosives,
modernize firearms laws and regulations, protect the community from criminals,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
December 19, 2007
Mr. KING of Iowa (for himself and Mr. SPACE) introduced the following
bill; which was referred to the Committee on the Judiciary, and in addition
to the Committee on Ways and Means, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
A BILL
To reform the Bureau of Alcohol, Tobacco, Firearms, and Explosives,
modernize firearms laws and regulations, protect the community from criminals,
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 `Bureau of Alcohol, Tobacco, Firearms, and
Explosives Reform and Firearms Modernization Act of 2007'.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 2. Table of contents.
TITLE I--BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES MODERNIZATION
AND REFORM
Sec. 101. Graduated penalties for civil violations by Federal firearms
licensees.
Sec. 102. Consideration of Federal firearms license applications.
Sec. 103. Definition of willfully.
Sec. 104. Establishment of formal inspection, examination, and investigative
guidelines.
Sec. 105. Limitations on use of firearms purchaser information.
Sec. 106. Liquidation of inventory in Federal firearms license expiration,
surrender, or revocation cases.
Sec. 107. Opportunity to cure violations after acquisition of firearms
business.
Sec. 108. Standards for criminal violations of recordkeeping requirements.
Sec. 109. Authority to collect information on explosives stored under
State law; regulations governing storage of explosives made applicable
to storage of explosives by agencies operating under State law.
Sec. 110. Effective date.
TITLE II--FIREARMS CORRECTIONS AND IMPROVEMENTS
Sec. 201. Correction of nonsubstantive error in age limit provision.
Sec. 202. Possession and transfer of machineguns for industry testing
and security contracting.
Sec. 203. Elimination of obsolete language added by the Brady Handgun
Violence Prevention Act.
Sec. 204. Ban on tax or fee for background check by the national instant
criminal background check system.
Sec. 205. Elimination of written permission requirement for supervised
handgun use.
Sec. 206. Modification of procedures for sharing of multiple handgun
sales reports.
Sec. 207. Ban on electronic retrieval of inactive licensee information.
Sec. 208. Trace disclosure.
Sec. 209. Barrel and receiver importation.
Sec. 210. Clarifications relating to manufacturing of firearms.
TITLE III--CRIMINAL GUN ENFORCEMENT IMPROVEMENTS
Sec. 301. Possession of firearms by dangerous felons.
TITLE I--BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES MODERNIZATION
AND REFORM
SEC. 101. GRADUATED PENALTIES FOR CIVIL VIOLATIONS BY FEDERAL FIREARMS
LICENSEES.
(a) In General- Section 923 of title 18, United States Code, is amended
by striking subsections (e) and (f) and inserting the following:
`(e)(1)(A) If the Attorney General determines that a licensee under this
section has willfully violated any provision of this chapter or any regulation
prescribed under this chapter, the Attorney General may--
`(i) if the violation is of a minor nature--
`(I) impose on the licensee a civil money penalty of not more than
$1,000 for each such violation, except that the total amount of penalties
imposed on a licensee under this subclause for violations arising
from a single inspection or examination shall not exceed $5,000; or
`(II) suspend the license for not more than 30 days, and specify the
circumstances under which the suspension is to be terminated, if,
in the period for which the license is in effect, there have been
at least 2 prior occasions on which the licensee has been determined
to have violated this chapter; or
`(ii) if the violation is of a serious nature--
`(I) impose on the licensee a civil money penalty of not more than
$2,500 for each such violation, except that the total amount of penalties
imposed on a licensee under this subclause for a violation arising
from a single inspection or examination shall not exceed $15,000;
`(II) suspend the license for not more than 90 days, and specify the
circumstances under which the suspension is to be terminated;
`(III) revoke the license; or
`(IV) take the actions described in subclauses (I) and (II), or subclauses
(I) and (III).
`(B)(i)(I) In determining the amount of a civil money penalty to impose
under subparagraph (A) on a licensee, the nature and severity of the violation
involved, the size of the firearms business operated by the licensee,
and the prior record of the licensee shall be considered.
`(II) On request of the licensee, the Attorney General may consider the
ability of the licensee to pay a civil money penalty, and may allow the
licensee to submit documents and information to establish the ability
of the licensee to pay. The Attorney General shall not make part of any
public record any document or information so submitted, and shall return
to the licensee any such document or information.
`(III) The total amount of penalties imposed on a licensee under subparagraph
(A) with respect to violations of a minor nature and of a serious nature
arising from a single inspection or examination shall not exceed $15,000.
`(ii) For purposes of subparagraph (A), violation of a provision of this
chapter with respect to 2 or more firearms during a single transaction
shall be considered a single violation of the provision.
`(iii) The Attorney General may defer, or suspend, in whole or in part,
the imposition of a civil money penalty on a licensee whose license is
suspended under this paragraph.
`(C) For purposes of subparagraph (A):
`(i) A violation of this chapter shall be considered to be of a serious
nature if the violation--
`(I) results in or could have resulted in the transfer of a firearm
or ammunition to a person prohibited from possessing or receiving
the firearm or ammunition under this chapter or under State or local
law;
`(II) obstructs or could have obstructed a bona fide criminal investigation
or prosecution, or an inspection or examination under this chapter;
or
`(III) prevents or could have prevented a licensee from complying
with subsection (a)(7), (a)(8), (b)(1), (b)(3), (b)(4), (j), (k),
(o), or (p) of section 922, subsection (g)(7) of this section, or
subsection (b) or (h) of section 924.
`(ii) A violation of this chapter shall be considered to be of a minor
nature if the violation is not of a serious nature.
`(D) The Attorney General may not commence an enforcement action under
subparagraph (A) with respect to a violation, after the 5-year period
that begins with--
`(i) the date the violation occurred; or
`(ii) if the licensee intentionally obstructed discovery of the violation,
the date the violation is discovered.
`(2)(A) Not less than 30 days before the effective date of any penalty
imposed on a licensee by reason of a determination made under paragraph
(1), the Attorney General shall send the licensee a written notice--
`(i) of the determination, and the grounds on which the determination
was made;
`(ii) of the nature of the penalty; and
`(iii) that the licensee may, within 30 days after receipt of the notice,
request a hearing to review the determination.
`(B) A hearing to review a determination made under paragraph (1) with
respect to a licensee shall not be held unless the licensee requests such
a hearing within 30 days after receiving the notice of the determination
sent pursuant to subparagraph (A).
`(C) On timely receipt from the licensee of a request for such a review,
the Attorney General shall stay the imposition under paragraph (1) of
any penalty involved, pending resolution of the review, unless, in the
case of a suspension or revocation of a licensee, the Attorney General
establishes, at a hearing before an administrative law judge, by clear
and convincing evidence, that the continued operation by the licensee
of the business poses an immediate and grave threat to public safety.
`(3)(A) Within 90 days after timely receipt from a licensee of a request
to review a determination made under paragraph (1) (or at such later time
as is agreed to by the Attorney General and the licensee), an administrative
law judge shall hold a hearing, at a location convenient to the licensee,
to review the determination.
`(B) Not less than 30 days before the hearing, the Attorney General shall
deliver to the licensee--
`(i) a document identifying each person whom the Attorney General intends
to call as a witness during the hearing;
`(ii) a copy of each document which will be introduced as evidence at
the hearing; and
`(iii) copies of all documents on which the determination is based.
`(C) Within 90 days after the hearing, the administrative law judge shall
issue a written decision setting forth findings of fact and conclusions
of law, and a decision as to whether to affirm, modify, or reverse the
determination.
`(D) On request of the licensee, the Attorney General shall stay the effective
date of any penalty, suspension, or revocation until there has been a
final, nonreviewable judgment with respect to the determination involved,
unless, in the case of a suspension or revocation of a licensee, the Attorney
General establishes, at a hearing before an administrative law judge,
by clear and convincing evidence, that the continued operation by the
licensee of the business poses an immediate and grave threat to public
safety.
`(E) The action of an administrative law judge under this subsection shall
be considered final agency action for all purposes, and may be reviewed
only as provided in subsection (f).
`(4) This subsection shall not be interpreted to affect the authority
of the Attorney General under section 922(t)(5).
`(f)(1) Within 60 days after a party receives a notice issued under subsection
(d)(3) of a decision to deny a license, or a notice issued under subsection
(e)(3)(C) of a determination to impose a civil money penalty or to suspend
or revoke a license, the party may file a petition with the United States
district court for the district in which the party resides or has a principal
place of business for a de novo review of the decision or determination.
`(2) In a proceeding conducted under this paragraph, the court shall,
on application of a party, consider any evidence submitted by the parties
to the proceeding whether or not the evidence was considered at the hearing
held under subsection (d)(3) or (e)(3).
`(3) If the court decides that the decision or determination was not authorized,
the court shall order the Attorney General to take such action as may
be necessary to comply with the judgment of the court.
`(4) If criminal proceedings are instituted against a licensee alleging
any violation of this chapter or of a regulation prescribed under this
chapter, and the licensee is acquitted of the charges, or the proceedings
are terminated, other than upon motion of the Government before trial
on the charges, the Attorney General shall be absolutely barred from denying
a license under this chapter, suspending or revoking a license granted
under this chapter, or imposing a civil money penalty under subsection
(e), if the action would be based in whole or in part on the facts which
form the basis of the criminal charges. The Attorney General may not institute
a proceeding to suspend or revoke a license granted under this chapter,
or to impose a civil money penalty under subsection (e), more than 1 year
after the filing of the indictment or information.'.
(b) Conforming Amendment to Procedure Applicable to Denial of Application
for License- Section 923(d) of such title is amended by adding at the
end the following:
`(3) If the Attorney General denies an application for a license, an administrative
law judge of the Department of Justice shall, on request by the aggrieved
party, promptly hold a hearing to review the denial, at a location convenient
to the aggrieved party. If, after the hearing, the administrative law
judge decides not to reverse the denial, the administrative law judge
shall give notice of the final denial decision to the aggrieved party.'.
SEC. 102. CONSIDERATION OF FEDERAL FIREARMS LICENSE APPLICATIONS.
(a) In General- Section 923(d) of title 18, United States Code, as amended
by section 101(b) of this Act, is amended by redesignating paragraphs
(2) and (3) as paragraphs (3) and (4) and inserting after paragraph (1)
the following:
`(2) The Attorney General shall make a preliminary determination as to
whether to approve or deny an application submitted under subsection (a)
or (b). If the preliminary determination is to deny the application, the
Attorney General shall notify the applicant in writing of the preliminary
determination and the reasons for the preliminary determination, and shall
afford the applicant an opportunity to supplement the application with
additional information and to request a hearing on the application. If
the applicant, in a timely manner, requests such a hearing, the Attorney
General shall hold the hearing at a location convenient to the applicant,
and shall notify the applicant in writing of the time and place of the
hearing.'.
(b) Conforming Amendment- Section 923(f) of such title, as amended by
section 2(a) of this Act, is amended by striking `(d)(3)' each place it
appears and inserting `(d)(4)'.
SEC. 103. DEFINITION OF WILLFULLY.
Section 923(e) of title 18, United States Code, as amended by section
101(a) of this Act, is amended by adding at the end the following:
`(5) For purposes of this subsection, the term `willfully' means, with
respect to conduct of a person, that the person knew of a legal duty,
and engaged in the conduct knowingly and in intentional disregard of the
duty.'.
SEC. 104. ESTABLISHMENT OF FORMAL INSPECTION, EXAMINATION, AND INVESTIGATIVE
GUIDELINES.
The Attorney General shall establish guidelines for how the Bureau of
Alcohol, Tobacco, Firearms, and Explosives is to conduct inspections,
examinations, or investigations of possible violations of chapters 40
and 44 of title 18, United States Code.
SEC. 105. LIMITATIONS ON USE OF FIREARMS PURCHASER INFORMATION.
Section 923(g)(1)(D) of title 18, United States Code, is amended in the
last sentence by inserting `, except that information identifying a person
who has purchased or received firearms or ammunition and who is not prohibited
from doing so may not be so made available or so provided unless the agency
involved has certified that the agency will not disclose the information
to any entity other than a court, federal, State or local law enforcement
agency, or prosecutor' before the period.
SEC. 106. LIQUIDATION OF INVENTORY IN FEDERAL FIREARMS LICENSE EXPIRATION,
SURRENDER, OR REVOCATION CASES.
Section 923 of title 18, United States Code, is amended by adding at the
end the following:
`(m)(1) Except as provided in paragraph (2), a person whose license issued
under this chapter is expired, surrendered, or revoked shall be afforded
60 days from the effective date of the expiration, surrender, or revocation
to liquidate the firearms inventory of the person, which time may be extended
upon a showing of reasonable cause. During such 60-day period (including
any extension of the period), the license involved shall continue to be
considered valid.
`(2) Paragraph (1) shall not apply with respect to a person if a United
States District Court for the judicial district in which the person resides
or in which the principal place of business of the person subject to the
license is located finds, by clear and convincing evidence, that the continued
operation by the person of the business poses an immediate and grave threat
to public safety.'.
SEC. 107. OPPORTUNITY TO CURE VIOLATIONS AFTER ACQUISITION OF FIREARMS
BUSINESS.
Section 923 of title 18, United States Code, is further amended by adding
at the end the following:
`(n) If the Attorney General is made aware that a business licensed under
this chapter has transferred to a surviving spouse or child of the licensee,
to an executor, administrator, or other legal representative of a deceased
licensee; or to a receiver or trustee in bankruptcy, or an assignee for
benefit of creditors, and, before the transfer, or on the first inspection
or examination by the Attorney General of the records of the licensee
after the transfer, the licensee is found to be operating the business
in violation of this chapter, the Attorney General--
`(1) shall notify the transferee of the violation by the transferor;
and
`(2) shall not presume that the transferee is committing the violation.'.
SEC. 108. STANDARDS FOR CRIMINAL VIOLATIONS OF RECORDKEEPING REQUIREMENTS.
Section 922(m) of title 18, United States Code, is amended--
(1) by striking `any false entry' and inserting `a materially false
entry';
(2) by striking `appropriate entry' and inserting `a materially significant
entry'; and
(3) by striking `properly maintain' and inserting `retain custody of'.
SEC. 109. AUTHORITY TO COLLECT INFORMATION ON EXPLOSIVES STORED UNDER
STATE LAW; REGULATIONS GOVERNING STORAGE OF EXPLOSIVES MADE APPLICABLE
TO STORAGE OF EXPLOSIVES BY AGENCIES OPERATING UNDER STATE LAW.
(a) Authority To Collect Information on Explosives Stored Under State
Law-
(1) IN GENERAL- Section 846 of title 18, United States Code, is amended
by adding at the end the following:
`(c) Each agency operating under the law of any State or political subdivision
thereof that stores or keeps explosive materials shall submit to the Attorney
General, at such time as the Attorney General shall prescribe in regulations,
a written report that specifies each location at which the agency stores
or keeps explosive materials that have been shipped or transported in
interstate or foreign commerce, and the types and amounts of such explosive
materials that are stored or kept at the location.'.
(2) REGULATIONS- Within 6 months after the date of the enactment of
this section, the Attorney General shall prescribe the regulations referred
to in section 846(c) of title 18, United States Code.
(b) Regulations Governing Storage of Explosives Made Applicable to Storage
of Explosives by Agencies Operating Under State Law- Subpart K of part
555 of subchapter C of chapter II of title 27, Code of Federal Regulations,
shall apply with respect to the storage by agencies operating under the
law of any State or political subdivision thereof of explosive materials
that have been shipped or transported in interstate or foreign commerce.
SEC. 110. EFFECTIVE DATE.
This title and the amendments made by this title shall take effect at
the end of the 180-day period that begins with the date of the enactment
of this Act.
TITLE II--FIREARMS CORRECTIONS AND IMPROVEMENTS
SEC. 201. CORRECTION OF NONSUBSTANTIVE ERROR IN AGE LIMIT PROVISION.
Section 922(b)(1) of title 18, United States Code, is amended to read
as follows:
`(1) any firearm or ammunition to any individual who the licensee knows
or has reasonable cause to believe has not attained 18 years of age,
and, if the firearm is other than a shotgun or rifle, or the ammunition
is for a firearm other than a shotgun or rifle, to any individual who
the licensee knows or has reasonable cause to believe has not attained
21 years of age;'.
SEC. 202. POSSESSION AND TRANSFER OF MACHINEGUNS FOR INDUSTRY TESTING
AND SECURITY CONTRACTING.
(a) Machineguns for Federal Contractors- Section 922(a)(4) of title 18,
United States Code, is amended by striking `except' and all that follows
and inserting `except--
`(A) as specifically authorized by the Attorney General consistent
with public safety and necessity; or
`(B) to comply with a contract between any person and the United States
which requires that person to provide national security services for
the United States or any training related to such services;'.
(b) Sale or Delivery of Machineguns to Federal Contractors- Section 922(b)
of such title is amended by adding at the end the following: `Paragraphs
(2) and (4) of this subsection shall not apply to a sale or delivery to
comply with a contract between any person and the United States which
requires that person to provide national security services for the United
States or any training related to the services.'.
(c) Post-86 Machineguns for Testing, Research and Development, Training,
and Security- Section 922(o) of such title is amended--
(A) by striking `or' at the end of subparagraph (A); and
(B) by redesignating subparagraph (B) as subparagraph (F) and inserting
after subparagraph (A) the following:
`(B) a transfer to, or possession by, a person to comply with a contract
between that person and the United States which requires the person
to provide national security services for the United States or any training
related to the services;
`(C) a transfer to, or possession by, a licensed manufacturer or licensed
importer solely for testing, research, design, or development of ammunition
or a firearm;
`(D) a possession by a licensed manufacturer or licensed importer for
the purposes of training persons to whom a machinegun, manufactured
or imported by the licensee, may be transferred as described in subparagraph
(A) or (B);
`(E) a transfer to or possession by a licensed manufacturer, licensed
importer, or licensed dealer for a professional theatrical purpose if
the licensee--
`(i) is registered under section 5802 of the National Firearms Act;
`(ii) holds a valid permit or license under State law to engage in
business as a theatrical firearms dealer or equivalent statutory designation;
`(iii) derives not less than 80 percent of income from the firearms
business from the use of firearms by professional motion picture or
television productions that are distributed to or produced for a national
or international audience;
`(iv) before possessing a machinegun under this subparagraph, provides
the Attorney General with documentation that--
`(I) the licensee meets the requirements of clauses (i) through
(iii); and
`(II) the transfer or possession, as the case may be, is for such
purpose; and
`(v) establishes that the number of machineguns sought by the licensee
is reasonable for the film, production, or performance for which the
machineguns are requested; or'; and
(2) by adding at the end the following:
`(3) A person who receives, possesses, transports, imports, or uses a
weapon, ammunition, or a device under subsection (b) of this section,
shall be subject to a background check every 3 years by the Attorney General,
based on fingerprints and including a background check under section 103(b)
of the Brady Handgun Violence Protection Act (Public Law 103-159; 18 U.S.C.
922 note) to determine whether the person is prohibited from possessing
or receiving a firearm under Federal or State law. Any person who receives,
possesses, transports, imports, or uses a weapon, ammunition or a device
under subsection (b) of this section shall be subject to subsections (g)
and (n) of this section.'.
(d) Importation of Machineguns- Section 925(d) of such title is amended--
(1) in paragraph (3), by striking `or' at the end;
(2) in paragraph (4), by striking the period and inserting a semicolon;
and
(3) by inserting after paragraph (4) the following:
`(5) is imported or brought in for a purpose described in section 922(o)(2);
or
`(6) a machinegun being imported or brought in for a purpose described
in section 922(o)(2)(E).'.
(e) Importation Under the National Firearms Act- Section 5844 of the National
Firearms Act (26 U.S.C. 5844) is amended--
(1) by striking `or' at the end of paragraph (2); and
(2) by inserting after paragraph (3) the following:
`(4) a machinegun being imported or brought in to comply with a contract
between any person and the United States which requires the person to
provide national security services for the United States or any training
related to the services;
`(5) a machinegun being imported or brought in by a registered importer
or registered manufacturer for the purpose of training persons who acquire
machineguns pursuant to paragraph (1) that were manufactured or imported
by the registrant; or
`(6) a machinegun being imported or brought in for a purpose described
in section 922(o)(2)(E) of title 18, United States Code;'.
(f) National Security Services Defined- Section 921(a) of such title is
amended by adding at the end the following:
`(36) The term `national security services' means any protective, defensive,
or security services provided pursuant to a contract with a department
or agency of the United States.
`(37) The term `professional theatrical purpose' means the use of firearms
in a motion picture or television production which is expected to be produced,
distributed, marketed, or shown by a member of a nationally recognized
professional trade association related primarily to motion picture and
television production, as determined by the Attorney General.'.
(g) Effective Date- The amendments made by this section shall take effect
after the 180-day period that begins with the date of the enactment of
this Act.
SEC. 203. ELIMINATION OF OBSOLETE LANGUAGE ADDED BY THE BRADY HANDGUN
VIOLENCE PREVENTION ACT.
Section 922 of title 18, United States Code, is amended--
(1) by striking subsection (s); and
(2) in subsection (t)(1), by striking `Beginning' and all that follows
through `a licensed' and inserting `A licensed'.
SEC. 204. BAN ON TAX OR FEE FOR BACKGROUND CHECK BY THE NATIONAL INSTANT
CRIMINAL BACKGROUND CHECK SYSTEM.
Section 922(t) of title 18, United States Code, is amended by adding at
the end the following:
`(7) The Attorney General shall not charge any tax or fee for any background
check conducted pursuant to this subsection.'.
SEC. 205. ELIMINATION OF WRITTEN PERMISSION REQUIREMENT FOR SUPERVISED
HANDGUN USE.
Section 922(x)(3)(A) of title 18, United States Code, is amended--
(1) in clause (ii), by striking subclause (II) and inserting the following:
`(II) with respect to ranching or farming activities, target practice,
hunting, or a course of instruction in the safe and lawful use of
a handgun, as described in clause (i), a juvenile may possess and
use a handgun or ammunition without the prior written consent, if
the parent or legal guardian is present at all times and the juvenile
acts at the direction of a parent, legal guardian, or other adult
who is not prohibited by Federal, State, or local law from possessing
a firearm;'; and
(2) in clause (iii), by inserting `except as provided in clause (ii)(II),'
after `(iii)'.
SEC. 206. MODIFICATION OF PROCEDURES FOR SHARING OF MULTIPLE HANDGUN
SALES REPORTS.
Section 923(g)(3)(A) of title 18, United States Code, is amended--
(1) by striking `and to the department of State police' and all that
follows through `took place'; and
(2) by adding at the end the following: `On request by a State or local
law enforcement agency of the jurisdiction in which the sale or other
disposition took place, the Attorney General may provide the report
to the agency, unless the agency failed to make the certification required
by subparagraph (B) for the most recent 6-month period for which the
certification is so required.'.
SEC. 207. BAN ON ELECTRONIC RETRIEVAL OF INACTIVE LICENSEE INFORMATION.
Subsection 923(g)(4) of title 18, United States Code, is amended by adding
at the end the following: `The Attorney General shall not electronically
retrieve information gathered pursuant to this paragraph by name or by
any personal identification code.'.
SEC. 208. TRACE DISCLOSURE.
(a) In General- Section 923(g) of title 18, United States Code, is amended
by adding at the end the following:
`(8)(A) Notwithstanding any other provision of law, information required
to be kept by licensees pursuant to this subsection, or required to be
reported pursuant to paragraphs (3) and (7) of this subsection, and information
in the firearms trace system database maintained by the National Trace
Center of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, including
all information received or generated by the Bureau in connection with
a request to trace a firearm--
`(i) shall not be disclosed by the Attorney General to any entity, except--
`(I) to an official of a Federal, State, local, or foreign law enforcement
agency, or a Federal, State, or local prosecutor, solely in connection
with bona fide criminal investigative purposes or prosecutions, not
to be used or disclosed for any other purpose;
`(II) to a Federal official for national security, intelligence, or
counterterrorism purposes, and not to be used or disclosed for any
other purpose;
`(III) for use in an action or proceeding commenced by the Attorney
General to enforce this chapter, the National Firearms Act, or chapter
3 of the Arms Export Control Act, or a review of such an action or
proceeding; or
`(IV) for use in an action or proceeding commenced by the Secretary
of the Treasury to enforce part III of subchapter D of chapter 32
of the Internal Revenue Code of 1986, or a review of such an action
or proceeding; and
`(ii) shall not be disclosed to any Federal, State, local, or foreign
law enforcement agency, or a Federal, State, or local prosecutor, except
in connection with bona fide criminal investigative purposes or prosecutions.
Nothing in this paragraph shall be construed to prevent the sharing
or exchanging of the information among and between Federal, State, local,
or foreign law enforcement agencies and Federal, State, or local prosecutors
solely in connection with bona fide criminal investigative purposes
or prosecutions, or among and between national security, intelligence,
or counterterrorism officials solely in connection with national security,
intelligence, or counterterrorism purposes.
`(B) Information in the firearms trace system database maintained by the
National Trace Center of the Bureau of Alcohol, Tobacco, Firearms, and
Explosives, including all information received or generated by the Bureau
in connection with a request to trace a firearm, shall be immune from
legal process, shall not be subject to subpoena or other discovery, shall
not be used, relied on, or disclosed in any manner, and shall not be admissible
as evidence, nor shall testimony or other evidence based on the information
be admissible as evidence, in any civil action pending on or filed after
the effective date of this subparagraph in any State or Federal court,
or in any administrative proceeding other than a proceeding commenced
by the Bureau to enforce this chapter, the National Firearms Act, or chapter
3 of the Arms Export Control Act, or a review of such an action or proceeding.
`(C) This paragraph shall not be construed to prevent the disclosure of
statistical information concerning total production, importation, and
exportation by each licensed importer and licensed manufacturer.'.
(b) Exemption of Law Enforcement Officers From Criminal Penalties-
(1) IN GENERAL- Section 925(a) of such title is amended by adding at
the end the following:
`(6) Section 924(a)(1)(D) shall not apply to the violation of section
923(g)(8) by an official of any Federal, State, or local law enforcement
agency.'.
(2) CONFORMING AMENDMENT- Section 924(a)(1) of such title is amended
by striking `in section 929' and inserting `section 925(a)(6) or 929'.
SEC. 209. BARREL AND RECEIVER IMPORTATION.
(a) In General- Section 925(e) of title 18, United States Code, is amended--
(1) in paragraph (1), by striking `, and' and inserting a period;
(2) by adding at the end the following:
`(3) All frames or receivers of rifles, or barrels for firearms other
than handguns, if the importation is for repair or replacement purposes.'.
(b) Governmental Imports- Section 925(a)(1) of such title is amended by
inserting `, barrel,' after `or importation of any firearm'.
SEC. 210. CLARIFICATIONS RELATING TO MANUFACTURING OF FIREARMS.
(a) Clarification of Definition of Manufacturing- Section 921(a)(10) of
title 18, United States Code, is amended by adding at the end the following:
`The term `manufacturing' shall not include repairing firearms, making
or fitting special barrels, stocks, trigger mechanisms, or other parts
to firearms, or engraving or otherwise altering the appearance of firearms.'.
(b) Clarification of Definition of Dealer- Section 921(a)(11)(B) of title
18, United States Code, is amended by striking `or trigger mechanisms
to firearms' and inserting `trigger mechanisms, or other parts to firearms,
or engraving or otherwise altering the appearance of firearms'.
TITLE III--CRIMINAL GUN ENFORCEMENT IMPROVEMENTS
SEC. 301. POSSESSION OF FIREARMS BY DANGEROUS FELONS.
(a) In General- Section 924(e) of title 18, United States Code, is amended
by striking all that precedes paragraph (2) and inserting the following:
`(e)(1) In the case of a person who violates section 922(g) and has previously
been convicted by any court referred to in section 922(g)(1) of a violent
felony or a serious drug offense shall--
`(A) in the case of 1 such prior conviction, if more than 10 years has
elapsed since the later of the date of the conviction or the date of
the release of the person from imprisonment for the conviction, be imprisoned
for not more than 15 years, fined under this title, or both;
`(B) in the case of 2 such prior convictions for violations committed
on occasions different from one another, if not more than 10 years has
elapsed since the later of the date of the most recent such conviction
and the date of the release of the person from imprisonment for the
most recent such conviction, be imprisoned for not more than 20 years,
fined under this title, or both; and
`(C) in the case of 3 such prior convictions for violations committed
on occasions different from one another, if not more than 10 years has
elapsed since the later date of the most recent such conviction or the
date of the release of the person from imprisonment for the most recent
such conviction, be imprisoned for any term of years not less than 15
years or for life and fined under this title, and notwithstanding any
other provision of law, the court shall not suspend the sentence of,
or grant a probationary sentence to, such person with respect to the
conviction under section 922(g).'.'.
(b) Amendment to Sentencing Guidelines- Pursuant to its authority under
section 994(p) of title 28, United States Code, the United States Sentencing
Commission shall amend the Federal Sentencing Guidelines to provide for
an appropriate increase in the offense level for violations of section
922(g) of title 18, United States Code, in accordance with section 924(e)
of such title, as amended by subsection (a) of this section.
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