,i #aafth ,,congress #ast ,session ,h4 ,r4 #bfgd ,,in ,,the ,,house ,,of ,,representatives ,may #aj1 #bjai ,mr4 ,morelle 7for himself1 ,mr4 ,payne1 ,mr4 ,hastings1 ,ms4 ,norton1 ,mr4 ,krishnamoorthi1 ,ms4 ,schakowsky1 and ,mr4 ,higgins of ,new ,york7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to enhance safety and security at federally licensed gun shops1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,gun ,theft ,prevention ,act4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,gun shop security measures4 ,sec4 #c4 ,repeal of prohibition on use of funds to implement rule requiring physical inventory by ,federal firearms licensees4 ,sec4 #d4 ,inspections4 ,sec4 #e4 ,employee background checks4 ,sec4 #f4 ,gun store thefts4 ,sec4 #g4 ,civil enforcement4 ,sec4 #h4 ,no effect on ,state laws governing dealing in firearms4 ,sec4 #i4 ,repeal of prohibition on denial of ,federal firearm license due to lack of business activity4 ,sec4 #aj4 ,repeal of limitations relating to use of firearms trace data4 ,sec4 #aa4 ,lost and stolen reporting requirement4 ,sec4 #ab4 ,report on implementation of this ,act4 ,sec4 #ac4 ,deadline for issuance of final regulations4 #b4 ,gun shop security measures 7a7 ,regulations 7#a7 ,in general ,section #ibf of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 7d7 ,the ,attorney ,general shall prescribe such regulations as are necessary to ensure that any premises at which a licensed dealer deals in firearms are secure from theft1 which shall include requiring-- 7#a7 compliance with the security plan submitted by the licensed dealer pursuant to section #ibc7;d77#a77;,g72 7#b7 the use of locked metal cabinets and fireproof safes2 7#c7 security systems1 video monitoring1 and anti-theft alarms2 7#d7 security gates1 strong locks1 and site hardening2 and 7#e7 concrete bollards and other access controls1 if necessary4 4 7#b7 ,transition rule ,the regulations prescribed under section #ibf7;d77#a7 of title #ah1 ,united ,states ,code1 shall not apply to a person who1 on the date of the enactment of this ,act1 is a licensed dealer 7as defined in section #iba7;a77#aa7 of such title71 until the earlier of-- 7,a7 the date the person complies with subsection 7b77#b7 of this section2 or 7,b7 the end of the #a-year period that begins with the date regulations are prescribed under section #ibf7;d7 of such title4 7b7 ,security plan submission requirement 7#a7 ,in general ,section #ibc7;d77#a77;,g7 of such title is amended by inserting the applicant submits with the application a security plan that describes how the applicant will secure1 in accordance with the regulations issued under section #ibf7;d71 the premises from which the applicant will conduct business under the license 7including in the event of a natural disaster or other emergency71 and the applicant certifies that1 if issued such a license1 the applicant will comply with the plan before the period4 7#b7 ,transition rule ,a person who1 on the date of the enactment of this ,act1 is a licensed dealer 7as defined in section #iba7;a77#aa7 of title #ah1 ,united ,states ,code7 and whose license to deal in firearms1 issued under chapter #dd of such title1 will not expire before the end of the #a-year period that begins with the date regulations are prescribed under section #ibf7;d7 of such title1 shall submit to the ,attorney ,general a plan of the type described in section #ibc7;d77#a77;,g7 of such title not later than the end of that #a-year period4 ,any plan so submitted shall be considered to be submitted pursuant to such section #ibc7;d77#a77;,g71 for purposes of such sections #ibc7;g77#f77;,b7 and #ibf7;d74 7c7 ,annual security plan compliance certification requirement 7#a7 ,in general ,section #ibc of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 7m7 7#a7 ,each licensed dealer shall annually certify to the ,attorney ,general that each premises from which the licensed dealer conducts business subject to license under this chapter is in compliance with the regulations prescribed under section #ibf7;d71 and include with the certification the results of a reconciliation of the firearms inventory of the licensed dealer with the firearms inventory at the time of the most recent prior certification 7if any7 under this paragraph1 including a report of any missing firearms4 7#b7 ,the ,attorney ,general may impose a civil money penalty of not more than #e1jjj on1 and may suspend the license to deal in firearms issued under this section to1 a licensed dealer who fails to comply with paragraph 7#a74 4 7#b7 ,transition rule ,the amendment made by paragraph 7#a7 of this subsection shall not apply to a person who1 on the date of the enactment of this ,act1 is a licensed dealer 7as defined in section #iba7;a77#aa7 of title #ah1 ,united ,states ,code71 until the end of the #a-year period that begins with the date person complies with subsection 7b77#b7 of this section4 7d7 ,effective date ,the amendments made by this section shall take effect #a year after the date of the enactment of this ,act4 #c4 ,repeal of prohibition on use of funds to implement rule requiring physical inventory by ,federal firearms licensees ,the matter under the heading ,bureau of ,alcohol1 ,tobacco1 ,firearms and ,explosives--,salaries and ,expenses in title ,,ii of division ,b of the ,consolidated and ,further ,continuing ,appropriations ,act1 #bjac 7,public ,law #aac-f2 #abg ,stat4 #bdh7 is amended by striking the #eth proviso4 #d4 ,inspections 7a7 ,elimination of limit on annual inspections of licensees ,section #ibc7;g77#a77;,b77ii7 of title #ah1 ,united ,states ,code1 is amended by striking -- and all that follows through 7,,ii74 7b7 ,mandated annual inspections of high risk licensed dealers1 triennial inspections of other licensed dealers ,section #ibc7;g77#a77;,b7 of such title is amended by adding after and below the end the following flush sentence3 ,the ,attorney ,general shall1 without such reasonable cause or warrant1 annually inspect or examine the inventory1 records1 and business premises of each licensed dealer whom the ,attorney ,general regards as a high risk dealer 7based on the considerations used to do so as of the date of the enactment of this sentence71 and triennially inspect or examine the inventory1 records1 and business premises of each other licensed dealer4 ,within #f months after an inspection under this subparagraph reveals a violation of this section or any regulation prescribed under this chapter1 and within #f months after a security inspection conducted under paragraph 7#f77;,b77i7 of this subsection1 the ,attorney ,general shall conduct an inspection to determine whether the violation identified in the preceding inspection has been cured4 7c7 ,authority ,to hire additional ,industry ,operation ,investigators for ,,batfe ,the ,attorney ,general may hire #fej ,industry ,operation ,investigators for the ,bureau of ,alcohol1 ,tobacco1 ,firearms and ,explosives1 in addition to any personnel needed to carry out this ,act and any ,industry ,operation ,investigators authorized by other law4 #e4 ,employee background checks 7a7 ,requirements 7#a7 ,background check required before firearm possession by dealer employee ,section #ibc7;g7 of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 7#h7 ,a licensed dealer shall not allow an employee of the licensed dealer to possess a firearm at a premises from which the licensed dealer conducts business subject to license under this chapter unless-- 7,a7 the licensed dealer has contacted the national instant criminal background check system established under section #ajc of the ,brady ,handgun ,violence ,prevention ,act for information about whether it would be unlawful for the individual to receive a firearm2 and 7,b7 the system has notified the licensee that the information available to the system does not demonstrate that the receipt of a firearm by the individual would violate subsection 7g7 or 7n7 of section #ibb or ,state law4 4 7#b7 ,background checks required before issuance or renewal of dealer license ,section #ibc7;c7 of such title is amended by inserting after the #ast sentence the following3 ,notwithstanding the preceding sentence1 the ,attorney ,general may not issue or renew a license to deal in firearms unless the ,attorney ,general has contacted the national instant criminal background check system established under section #ajc of the ,brady ,handgun ,violence ,prevention ,act for information about whether it would be unlawful for any employee of the applicant for the license or renewal1 identified by the applicant as having the responsibility to receive a firearm1 for information about whether it would be unlawful for the employee to receive a firearm1 and the system has notified the ,attorney ,general that the information available to the system does not demonstrate that the receipt of a firearm by the employee would violate subsection 7g7 or 7n7 of section #ibb or the law of the ,state in which the business premises of the applicant subject to the license is located44 7#c7 ,effective date ,the amendments made by this subsection shall take effect on the date that is #a year after the date of the enactment of this ,act4 7b7 ,authority of ,,nics system ,to respond to licensed dealer request for criminal background check of employee or prospective employee ,section #ajc7;b7 of the ,brady ,handgun ,violence ,prevention ,act 7#cd ,u4,s4,c4 #djija7;b77 is amended by adding at the end the following3 ,the ,attorney ,general shall ensure that the system responds to any request received by the system from a licensed dealer for information on whether receipt of a firearm by an employee or prospective employee of the licensed dealer would violate such section #ibb or ,state law44 #f4 ,gun store thefts 7a7 ,in general ,section #ibc7;g77#f7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by inserting 7,a7 after 7#f72 and 7#b7 by adding at the end the following3 7,b7 7i7 ,within #cj days after the ,attorney ,general receives a report from a licensed dealer pursuant to subparagraph 7,a7 of this paragraph of the theft of a firearm1 the ,attorney ,general shall conduct an independent inspection of the security of the premises at which the theft occurred1 which may include an inspection of the measures taken to implement the security plan submitted by the licensed dealer pursuant to subsection 7d77#a77;,g74 7ii7 ,on completion of the security inspection1 the ,attorney ,general shall provide the licensed dealer with-- 7,i7 a notice of any violation by the licensed dealer of any security requirements prescribed under section #ibf7;d72 and 7,,ii7 recommendations for improving security of the premises involved4 4 7b7 ,exemption of stolen firearms from product liability ,section #d7d7 of the ,protection of ,lawful ,commerce in ,arms ,act 7#ae ,u4,s4,c4 #gijc7d77 is amended by inserting 1 except any such firearm the theft of which is required by section #ibc7;g77#f77;,a7 of such title to be reported before the period4 #g4 ,civil enforcement ,section #ibc of title #ah1 ,united ,states ,code1 as amended by section #b7;c77#a7 of this ,act1 is amended by adding at the end the following3 7n7 ,in the case of a licensed dealer who the ,attorney ,general has found to be in violation of a regulation prescribed under section #ibf7;d71 to not have implemented a corrective action required by the ,attorney ,general at the completion of a security inspection conducted under subsection 7g77#f77;,b77i7 of this section within #cj days after the date of the inspection1 or to be in violation of subsection 7g77#h7 of this section-- 7#a7 the ,attorney ,general shall-- 7,a7 if the violation is not a result of gross negligence by the licensed dealer-- 7i7 in the case of the #ast such violation of the law or regulation by the licensed dealer1 if not preceded by a violation to which subparagraph 7,b7 applies1 transmit to the licensed dealer a written notice specifying the violation1 which shall include a copy of the provision of law or regulation violated and a plan for how to cure the violation2 7ii7 in the case of the #bnd such violation by the licensed dealer1 if not preceded by a violation to which subparagraph 7,b7 applies1 impose a civil money penalty in an amount that is not less than #b1ejj and not more than #bj1jjj2 7iii7 in the case of the #crd such violation by the licensed dealer1 if not preceded by a violation to which subparagraph 7,b7 applies1 suspend the license to deal in firearms issued to the licensed dealer under this chapter until the violation ceases2 7iv7 in the case of the #dth such violation by the licensed dealer1 whether or not preceded by a violation to which subparagraph 7,b7 applies1 revoke that license2 or 7v7 in the case of any such violation by the licensed dealer1 if preceded by a violation to which subparagraph 7,b7 applies1 apply the penalty authorized under this subsection that is #a level greater in severity than the level of severity of the penalty most recently applied to the licensed dealer under this subsection2 or 7,b7 if the violation is a result of such gross negligence-- 7i7 in the case of the #ast such violation by the licensed dealer1 impose a civil money penalty in an amount that is not less than #b1ejj and not more than #bj1jjj2 7ii7 in the case of the #bnd such violation by the licensed dealer-- 7,i7 impose a civil money penalty in an amount equal to #bj1jjj2 or 7,,ii7 suspend the license to deal in firearms issued to the licensed dealer under this chapter until the violation ceases2 or 7,,iii7 revoke that license2 or 7iii7 in the case of the #crd or subsequent such violation by the licensed dealer1 apply the penalty authorized under this subsection that is #a or #b levels greater in severity than the level of severity of the penalty most recently applied to the licensed dealer under this subsection2 and 7#b7 in the case of any such violation1 if the ,attorney ,general finds that the nature of the violation indicates that the continued operation of a firearms business by the licensed dealer presents an imminent risk to public safety1 the ,attorney ,general shall1 notwithstanding paragraph 7#a71 immediately suspend the license to deal in firearm issued to the licensed dealer under this chapter and secure the firearms inventory of the licensed dealer1 until the violation ceases4 4 #h4 ,no effect on ,state laws governing dealing in firearms ,nothing in this ,act shall be interpreted to preclude a ,state from imposing or enforcing any requirement relating to dealing in firearms 7as defined in section #iba7;a77#c7 of title #ah1 ,united ,states ,code74 #i4 ,repeal of prohibition on denial of ,federal firearm license due to lack of business activity ,the matter under the heading ,bureau of ,alcohol1 ,tobacco1 ,firearms and ,explosives--,salaries and ,expenses in title ,,ii of division ,b of the ,consolidated and ,further ,continuing ,appropriations ,act1 #bjac 7#ah ,u4,s4,c4 #ibc note2 ,public ,law #aac-f2 #abg ,stat4 #bdh7 is amended by striking the #fth proviso4 #aj4 ,repeal of limitations relating to use of firearms trace data 7a7 ,the matter under the heading ,bureau of ,alcohol1 ,tobacco1 ,firearms and ,explosives--,salaries and ,expenses in title ,i of division ,b of the ,consolidated and ,further ,continuing ,appropriations ,act1 #bjab 7#ah ,u4,s4,c4 #ibc note2 ,public ,law #aab-ee2 #abe ,stat4 #fji-faj7 is amended by striking the #fth proviso4 7b7 ,the #fth proviso under the heading ,bureau of ,alcohol1 ,tobacco1 ,firearms and ,explosives--,salaries and ,expenses in title ,,ii of division ,b of the ,consolidated ,appropriations ,act1 #bjaj 7#ah ,u4,s4,c4 #ibc note2 ,public ,law #aaa-aag2 #abc ,stat4 #cabh-cabi7 is amended by striking beginning in fiscal year #bjaj and thereafter and inserting in fiscal year #bjaj4 7c7 ,the #fth proviso under the heading ,bureau of ,alcohol1 ,tobacco1 ,firearms and ,explosives--,salaries and ,expenses in title ,,ii of division ,b of the ,omnibus ,appropriations ,act1 #bjji 7#ah ,u4,s4,c4 #ibc note2 ,public ,law #aaa-h2 #abc ,stat4 #egd-egf7 is amended by striking beginning in fiscal year #bjji and thereafter and inserting in fiscal year #bjji4 7d7 ,the #fth proviso under the heading ,bureau of ,alcohol1 ,tobacco1 ,firearms and ,explosives--,salaries and ,expenses in title ,,ii of division ,b of the ,consolidated ,appropriations ,act1 #bjjh 7#ah ,u4,s4,c4 #ibc note2 ,public ,law #aaj-afa2 #aba ,stat4 #aijc-aijd7 is amended by striking beginning in fiscal year #bjjh and thereafter and inserting in fiscal year #bjjh4 7e7 ,the #fth proviso under the heading ,bureau of ,alcohol1 ,tobacco1 ,firearms and ,explosives--,salaries and ,expenses in title ,i of the ,science1 ,state1 ,justice1 ,commerce1 and ,related ,agencies ,appropriations ,act1 #bjjf 7#ah ,u4,s4,c4 #ibc note2 ,public ,law #aji-ajh2 #aai ,stat4 #bbie-bbif7 is amended by striking with respect to any fiscal year4 7f7 ,the #fth proviso under the heading in title ,i of division ,b of the ,consolidated ,appropriations ,act1 #bjje 7#ah ,u4,s4,c4 #ibc note2 ,public ,law #ajh-ddg2 #aah ,stat4 #bhei-bhfj7 is amended by striking with respect to any fiscal year4 7g7 ,section #fdd of title ,,vi of division ,j of the ,consolidated ,appropriations ,resolution1 #bjjc 7#e ,u4,s4,c4 #eeb note2 ,public ,law #ajh-g2 #aag ,stat4 #dgc-dgd7 is amended by striking or any other ,act with respect to any fiscal year4 #aa4 ,lost and stolen reporting requirement 7a7 ,in general ,section #ibb of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 7aa7 ,the owner of a firearm shall report the theft or loss of the firearm1 within #cj days after the owner becomes aware of the theft or loss1 to the ,attorney ,general and to the appropriate local authorities4 4 7b7 ,civil penalty ,section #ibd of such title is amended by adding at the end the following3 7q7 ,whoever violates section #ibb7;aa7 shall be fined not more than #a1jjj in a civil proceeding4 4 #ab4 ,report on implementation of this ,act ,within #b years after the date of the enactment of this ,act1 the ,attorney ,general shall submit to the ,congress a written report on the implementation of this ,act and the amendments made by this ,act1 including any remaining steps that are necessary to complete the implementation1 which shall also identify any additional resources that are required to conduct regular inspections and to ensure that this ,act and the amendments made by this ,act are enforced against noncompliant firearm dealers in a timely manner4 #ac4 ,deadline for issuance of final regulations ,within #a year after the date of the enactment of this ,act1 the ,attorney shall prescribe1 in final form1 all regulations required to carry out this ,act and the amendments made by this ,act4