,i #aacth ,,congress #ast ,session ,h4 ,r4 #gbb ,,in ,,the ,,house ,,of ,,representatives ,february #ad1 #bjac ,mr4 ,king of ,new ,york 7for himself1 ,mr4 ,bishop of ,new ,york1 ,mr4 ,moran1 ,mr4 ,farr1 and ,mr4 ,rangel7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to combat illegal gun trafficking1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,detectives ,nemorin and ,andrews ,anti-,gun ,trafficking ,act of #bjac4 #b4 ,illegal gun trafficking ,section #ibd of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 7q7 ,whoever1 in or affecting interstate or foreign commerce in violation of subsection 7a77#a77;,a71 7a77#c71 7a77#f71 7b77#b71 7b77#c71 7b77#e71 7d71 7g71 7i71 7j71 7k71 7m71 or 7n7 of section #ibb or subsection 7c7 or 7h7 of this section-- 7#a7 offers for sale1 transfer1 or barter #b or more firearms1 at least #b of which are handguns1 semiautomatic assault weapons1 short-barreled shotguns1 short-barreled rifles1 or machineguns2 and 7#b7 at least #a of the firearms-- 7,a7 is transported1 received1 or possessed by the person1 and-- 7i7 is stolen2 or 7ii7 has had the importer's or manufacturer's serial number removed1 obliterated1 or altered2 or 7,b7 is offered by the person for sale1 transfer1 or barter to another person who-- 7i7 is prohibited from possessing a firearm under subsection 7g7 or 7n7 of section #ibb2 7ii7 is prohibited by ,state law from possessing a firearm2 7iii7 has not attained #ah years of age1 except as otherwise allowed under ,federal or ,state law2 7iv7 is in a school zone2 or 7v7 has travelled from any ,state into any other ,state1 and acquires or attempts to acquire the firearm otherwise in violation of ,federal or ,state law1 shall be fined under this title1 imprisoned not more than #bj years1 or both4 4 #c4 ,expansion of project safe neighborhoods ,section #ajd of the #bast ,century ,department of ,justice ,appropriations ,authorization ,act 7,public ,law #ajg-bgc7 is amended-- 7#a7 in subsection 7a71 by inserting 1 illegal gun trafficking1 after violence2 and 7#b7 in subsection 7b71 by striking #bjjb and inserting #bjac4 #d4 ,report to the ,congress ,beginning in calendar year #bjac1 the ,attorney ,general shall submit biennially to the ,congress a written report1 covering the preceding #b years1 which specifies-- 7#a7 the ,state of origin for each firearm1 used in a crime1 that was traced by the ,bureau of ,alcohol1 ,tobacco1 ,firearms1 and ,explosives1 and the ,state in which the firearm was recovered2 7#b7 the total number of firearms so traced1 by manufacturer1 model1 and type of firearm2 7#c7 the name of ,federal firearms licensees who have had more than #e firearms1 used in a crime1 traced back to them in a single year2 and 7#d7 the number of prosecutions for each individual offense under sections #ibb1 #ibc1 and #ibd of title #ah1 ,united ,states ,code4 #e4 ,additional penalty for possession of a stolen firearm during the commission of a felony ,section #ibd of title #ah1 ,united ,states ,code1 as amended by section #b of this ,act1 is amended by adding at the end the following3 7r7 ,whoever1 during and in relation to the commission of a crime punishable by imprisonment for a term exceeding #a year1 receives1 possesses1 conceals1 barters1 sells1 or disposes of any stolen firearm or stolen ammunition1 in or affecting interstate or foreign commerce1 whether or not the person is aware that the firearm or ammunition is stolen1 shall1 in addition to the punishment provided for the crime so punishable1 be sentenced to a term of imprisonment of not more than #e years4 4 #f4 ,national ,crime ,information ,center ,stolen ,gun ,file 7a7 ,availability ,the ,federal ,bureau of ,investigation shall make available to the ,bureau of ,alcohol1 ,tobacco1 ,firearms1 and ,explosives the ,national ,crime ,information ,center ,gun ,file for the purpose of enabling the ,bureau of ,alcohol1 ,tobacco1 ,firearms1 and ,explosives to access the file while completing a crime gun trace4 7b7 ,use ,the ,bureau of ,alcohol1 ,tobacco1 ,firearms1 and ,explosives shall conduct a search of the ,national ,crime ,information ,center ,stolen ,gun ,file with respect to each firearm submitted to the ,bureau of ,alcohol1 ,tobacco1 ,firearms1 and ,explosives for tracing4 7c7 ,notification regarding stolen firearms ,if a law enforcement agency requests the ,bureau of ,alcohol1 ,tobacco1 ,firearms1 and ,explosives to trace a firearm1 and the ,national ,crime ,information ,center ,stolen ,gun ,file indicates that the firearm is stolen1 then the ,bureau of ,alcohol1 ,tobacco1 ,firearms1 and ,explosives shall notify the law enforcement agency of that information and provide the law enforcement agency with any available information regarding the owner of the firearm4 7d7 ,return of stolen firearms possessed by ,,batfe ,if the ,bureau of ,alcohol1 ,tobacco1 ,firearms1 and ,explosives possesses a firearm which the ,national ,crime ,information ,center ,stolen ,gun ,file indicates is stolen1 the ,bureau shall return the firearm to the person who reported the firearm stolen1 when the ,bureau determines that-- 7#a7 the firearm is no longer needed for ,federal1 ,state1 or local criminal investigation or evidentiary purposes2 and 7#b7 the person is entitled to possess the firearm4 7e7 ,national instant stolen gun check system 7#a7 ,establishment ,within #b years after the date of the enactment of this ,act1 the ,attorney ,general shall establish a national instant stolen gun check system that any licensee may contact1 by telephone or other electronic means1 for information to be supplied immediately on whether a firearm to be received by the licensee is stolen4 7#b7 ,instant check of status of firearms to be transferred to certain ,federal firearms licensees by non-licensees ,if the national instant stolen gun check system is contacted by a licensee for information on whether a firearm to be received by the licensee is stolen1 the system shall1 as soon as is practicable-- 7,a7 conduct a search of the ,national ,crime ,information ,center ,stolen ,gun ,file for information about the firearm2 and 7,b7 inform the licensee whether the information available to the system indicates that the firearm is stolen4 7#c7 ,notification of licensees ,on establishment of the national instant stolen gun check system under this subsection1 the ,attorney ,general shall notify each licensee and the chief law enforcement officer of each ,state of the existence and purpose of the system and the means to be used to contact the system4 7#d7 ,permanent retention of records ,the national instant stolen gun check system shall create and maintain permanently a record of each contact of the system1 and all information provided to or by the system during the contact4 7#e7 ,definitions ,in this section3 7,a7 ,licensee ,the term licensee means a licensed dealer 7as defined in section #iba7;a77#aa7 of title #ah1 ,united ,states ,code71 licensed importer 7as defined in section #iba7;a77#i7 of such title71 or licensed manufacturer 7as defined in section #iba7;a77#aj7 of such title74 7,b7 ,firearm ,the term firearm has the meaning given in section #iba7;a77#c7 of title #ah1 ,united ,states ,code4 7f7 ,federal firearms licensee required ,to contact national instant stolen gun check system before receiving firearm from non-,licensee 7#a7 ,in general ,section #ibb7s7 of title #ah1 ,united ,states ,code1 is amended to read as follows3 7s7 7#a7 ,beginning on the date that is #cj days after the ,attorney ,general notifies licensees under section #f7;e77#c7 of the ,detectives ,nemorin and ,andrews ,anti-,gun ,trafficking ,act of #bjac that the national instant stolen gun check system is established1 a licensed importer1 licensed manufacturer1 or licensed dealer shall not receive a firearm from any person who is not licensed under this chapter1 unless-- 7,a7 the licensee has verified the identity of the person by examining a valid identification document 7as defined in section #ajbh7;d7 of this title7 of the person that satisfies the requirements of section #bjb of the ,,real ,,id ,act of #bjje2 7,b7 the licensee has contacted the national instant stolen gun check system established under subsection 7e7 of such section #f1 and provided the system with-- 7i7 the name and address of the person2 7ii7 a description of the identification document referred to in subparagraph 7,a7 of this paragraph1 including the number appearing on the document2 and 7iii7 the name of the manufacturer1 and the caliber and serial number1 of the firearm2 and 7,c7 7i7 the system has provided the licensee with a unique identification number2 or 7ii7 #c business days 7meaning a day on which ,state offices are open7 have elapsed since the licensee contacted the system1 and the system has not notified the licensee that the firearm is stolen4 7#b7 ,if the system determines that the information available to the system does not indicate that the firearm is stolen1 the system shall-- 7,a7 assign a unique identification number to the transaction2 and 7,b7 provide the licensee with the number4 7#c7 ,if the system notifies the licensee that the information available to the system indicates that the firearm is stolen1 the licensee shall contact the ,bureau of ,alcohol1 ,tobacco1 ,firearms1 and ,explosives or another law enforcement agency having jurisdiction over possession of stolen firearms in the dealer's location and shall comply with the instructions of any such agency concerning the disposition of the firearm1 the gathering of information relating to the offeror of the firearm1 and other assistance in the removal of the firearm from the stream of commerce4 7#d7 ,if the licensee knowingly receives the firearm from the person and knowingly fails to comply with paragraph 7#a7 with respect to the receipt and1 at the time of the receipt1 the system was operating and information was available to the system indicating that the firearm was stolen1 the ,attorney ,general may1 after notice and opportunity for a hearing1 suspend for not more than #f months or revoke any license issued to the licensee under section #ibc1 and may impose on the licensee a civil fine of not more than #e1jjj4 7#e7 7,a7 ,this subsection shall not be interpreted to limit any exercise of authority under subsection 7d77#a77;,c7 or 7e7 of section #ibc4 7,b7 ,in the event of a conflict between the provisions of this subsection and a rule or regulation issued under section #ibc7;j71 the provisions of this subsection shall control4 4 7#b7 ,recordkeeping requirement ,section #ibc7;g77#a77;,a7 of such title is amended by inserting after the #ast sentence the following3 ,in the case of the receipt of a firearm pursuant to section #ibb7s71 in addition to the requirements of such regulations1 the importer1 manufacturer1 or dealer shall retain a record of the information described in section #ibb7s77#a77;,b71 a copy of the identification document referred to in section #ibb7s77#a77;,a71 and a record of the unique identification number provided to the licensee pursuant to section #ibb7s77#a77;,c71 with respect to the transaction44 #g4 ,additional penalty for possession of a firearm with an obliterated serial number during the commission of a felony ,section #ibd of title #ah1 ,united ,states ,code1 as amended by sections #b and #e of this ,act1 is amended by adding at the end the following3 7s7 ,whoever1 during and in relation to the commission of a crime punishable by imprisonment for a term exceeding #a year1 transports1 possesses1 or receives1 in or affecting interstate or foreign commerce1 a firearm which has had the importer's or manufacturer's serial number removed1 obliterated1 or altered1 regardless of whether or not the person is aware of the removal1 obliteration1 or alteration1 shall1 in addition to the punishment provided for the crime so punishable1 be sentenced to a term of imprisonment of not more than #e years4 4 #h4 ,enhanced penalties for the use of a stolen firearm or a firearm with an obliterated serial number during the commission of a crime of violence or drug trafficking crime ,section #ibd7;c77#a77;,a7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in clause 7i71 by inserting 1 or if the firearm was stolen or had the manufacturer's serial number removed1 obliterated1 or altered1 not less than #g years after years2 7#b7 in clause 7ii71 by inserting 1 or if the firearm was stolen or had the manufacturer's serial number removed1 obliterated1 or altered1 not less than #i years after years2 and 7#c7 in clause 7iii71 by inserting 1 or if the firearm was stolen or had the manufacturer's serial number removed1 obliterated1 or altered1 not less than #ab years after years4