H.R. 3639 (103rd): Stolen Guns Act of 1994

103rd Congress, 1993–1994. Text as of Nov 22, 1993 (Introduced).

Status & Summary | PDF | Source: GPO

HR 3639 IH

103d CONGRESS

1st Session

H. R. 3639

To amend title 18, United States Code, to regulate the receipt of firearms by Federal firearms dealers.

IN THE HOUSE OF REPRESENTATIVES

November 22, 1993

Mr. FIELDS of Louisiana introduced the following bill; which was referred to the Committee on the Judiciary


A BILL

To amend title 18, United States Code, to regulate the receipt of firearms by Federal 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 ‘Stolen Guns Act of 1994’.

SEC. 2. PREVENTION OF ENTRY INTO COMMERCE OF STOLEN FIREARMS.

    (a) IN GENERAL- Section 922 of title 18, United States Code, is amended by adding at the end the following:

    ‘(s)(1) It shall be unlawful for a licensed dealer to receive a firearm from a person, unless--

      ‘(A) the dealer has received from the person a statement of the person containing the information described in paragraph (3);

      ‘(B) the dealer has verified the identity of the person by examining a valid identification document (as defined in section 1028(d)(1) of this title) of the person that contains a photograph of the person;

      ‘(C) the dealer has transmitted notice of the contents of the statement to the chief law enforcement officer of the place of business of the licensed dealer; and

    ‘(2) Within 3 days after a chief law enforcement officer receives notice, transmitted pursuant to paragraph (1)(C), with respect to a firearm, the officer shall make a reasonable effort to ascertain whether the firearm is stolen, including by contacting the National Crime Information Center operated by the Federal Bureau of Investigation.

    ‘(3) The statement referred to in paragraph (1)(A) shall contain only--

      ‘(A) the name, address, date of birth, and social security account number of the person, as such information appears on a valid identification document (as defined in section 1028(d)(1)) of the person, which document contains a photograph of the person;

      ‘(B) a description of the identification document; and

      ‘(C) the serial number of the firearm involved.

    ‘(4)(A) A licensed dealer who receives a firearm from a person shall retain a copy of the statement of the person referred to in paragraph (1)(A).

    ‘(B)(i) A chief law enforcement officer who has received a notice transmitted by a licensed dealer with respect to a firearm pursuant to paragraph (1)(C) shall destroy any record containing information derived from the notice, within 20 business days after the later of--

      ‘(I) the date the officer notifies the dealer that the firearm is not stolen; or

      ‘(II) the date on which occurs the 3rd business day after the date of such receipt.

    ‘(ii) Clause (i) shall not apply to a firearm if the chief law enforcement has reason to believe that the firearm is stolen.

    ‘(5) For purposes of this subsection, the term ‘chief law enforcement officer’ means the chief of police, the sheriff, or an equivalent officer or the designee of any such individual.

    ‘(6) The Secretary shall take necessary actions to--

      ‘(A) ensure that the provisions of this subsection are published and disseminated to licensed dealers, law enforcement officials, and the public; and

      ‘(B) promote the reporting of serial numbers of stolen firearms.’.

    (b) PENALTY- Section 924(a) of title 18, United States Code, is amended--

      (1) in paragraph (1), by striking ‘paragraph (2) or (3) of’; and

      (2) by adding at the end the following:

    ‘(5) Whoever knowingly violates section 922(s) shall be fined not more than $1,000, imprisoned for not more than 1 year, or both.’.

SEC. 3. FUNDING PROVISIONS.

    (a) COMPLIANCE- The Attorney General shall provide assistance, when feasible, to ensure that chief law enforcement officers comply with the provisions of section 922(s) of title 18, United States Code.

    (b) FAILURE TO COMPLY- If chief law enforcement officers in a State fail to comply with the provisions of section 922(s) of title 18, United States Code, the Attorney General may withhold up to 25 percent of the funds a State would receive under title I of the Omnibus Crime Control and Safe Streets Act of 1968.