,,ii #aafth ,,congress #ast ,session ,s4 #agie ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #ab1 #bjai,mr4 ,markey 7for himself1 ,mr4 ,murphy1 ,ms4 ,harris1 ,mrs4 ,murray1 ,mrs4 ,feinstein1 ,mr4 ,blumenthal1 ,mr4 ,whitehouse1 ,mr4 ,menendez1 ,mr4 ,durbin1 ,mr4 ,van ,hollen1 ,mr4 ,reed1 ,ms4 ,duckworth1 ,ms4 ,baldwin1 ,ms4 ,klobuchar1 ,mr4 ,wyden1 ,mr4 ,booker1 ,ms4 ,smith1 ,mr4 ,cardin1 and ,mrs4 ,gillibrand7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to ensure greater accountability by licensed firearms dealers4 #a4 ,short title ,this ,act may be cited as the ,keeping ,gun ,dealers ,honest ,act of #bjai4 #b4 ,increasing the number of allowed compliance inspections of firearms dealers ,section #ibc7;g77#a77;,b77ii77,i7 of title #ah1 ,united ,states ,code1 is amended by striking once and inserting #c times4 #c4 ,increasing penalties on firearms licensees ,section #ibd7;a77#c7 of title #ah1 ,united ,states ,code1 is amended in the matter following subparagraph 7,b7 by striking one year and inserting #e years4 #d4 ,serious recordkeeping offenses that aid gun trafficking ,section #ibd7;a77#c7 of title #ah1 ,united ,states ,code1 is amended by striking the period at the end and inserting 4 ,if the conduct described in subparagraph 7,a7 or 7,b7 is in relation to an offense under subsection 7a77#f7 or 7d7 of section #ibb1 the licensed dealer1 licensed importer1 licensed manufacturer1 or licensed collector shall be fined under this title1 imprisoned for not more than #aj years1 or both44 #e4 ,suspension of firearms dealer's license and civil penalties for violations of the ,gun ,control ,act ,section #ibc of title #ah1 ,united ,states ,code1 is amended by striking subsections 7e7 and 7f7 and inserting the following3 7e7 7#a7 7,a7 ,the ,attorney ,general may1 after notice and opportunity for hearing1 suspend or revoke any license issued under this section1 or may subject the licensee to a civil penalty of not more than #aj1jjj per violation1 if the holder of the license-- 7i7 has violated any provision of this chapter or any rule or regulation prescribed by the ,attorney ,general under this chapter2 or 7ii7 except as provided in subparagraph 7,b71 fails to have secure gun storage or safety devices available at any place in which firearms are sold under the license to persons who are not licensees4 7,b7 ,subparagraph 7,a77ii7 shall not apply in any case in which a secure gun storage or safety device is temporarily unavailable because of theft1 casualty loss1 consumer sales1 backorders from a manufacturer1 or any other similar reason beyond the control of the licensee4 7#b7 ,the ,attorney ,general may1 after notice and opportunity for hearing1 suspend or revoke the license of1 or assess a civil penalty of not more than #aj1jjj on1 a dealer who transfers armor piercing ammunition4 7#c7 ,the ,attorney ,general may at any time compromise1 mitigate1 or remit the liability with respect to any violation of this chapter or any rule or regulation prescribed by the ,attorney ,general under this chapter4 7#d7 ,the ,attorney ,general's actions under this subsection may be reviewed only as provided in subsection 7f74 7f7 7#a7 ,any person whose application for a license is denied and any holder of a license which is suspended or revoked or who is assessed a civil penalty shall receive a written notice from the ,attorney ,general stating specifically the grounds upon which the application was denied or upon which the license was suspended or revoked or the civil penalty assessed4 ,any notice of a suspension or revocation of a license shall be given to the holder of the license before the effective date of the suspension or revocation4 7#b7 ,if the ,attorney ,general denies an application for a license1 or suspends or revokes a license1 or assesses a civil penalty1 the ,attorney ,general shall1 upon request by the aggrieved party1 promptly hold a hearing to review the denial1 suspension1 revocation1 or assessment4 ,in the case of a suspension or revocation of a license1 the ,attorney ,general shall1 on the request of the holder of the license1 stay the effective date of the suspension or revocation4 ,a hearing under this paragraph shall be held at a location convenient to the aggrieved party4 7#c7 7,a7 ,if after a hearing held under paragraph 7#b7 the ,attorney ,general decides not to reverse the decision to deny an application or suspend or revoke a license or assess a civil penalty1 the ,attorney ,general shall give notice of the decision to the aggrieved party4 7,b7 ,the aggrieved party may at any time within #fj days after the date notice is given under subparagraph 7,a7 file a petition with the ,united ,states district court for the district in which the party resides or in which the party's principal place of business is located for a de novo judicial review of the denial1 suspension1 revocation1 or assessment4 7,c7 ,in a proceeding conducted under this paragraph1 the court may consider any evidence submitted by the parties to the proceeding without regard to whether such evidence was considered at the hearing held under paragraph 7#b74 7,d7 ,if the court decides that the ,attorney ,general was not authorized to deny the application or to suspend or revoke the license or to assess the civil penalty1 the court shall order the ,attorney ,general to take such action as may be necessary to comply with the judgment of the court4 4 #f4 ,termination of firearms dealer's license upon felony conviction ,section #ibe7;b7 of title #ah1 ,united ,states ,code1 is amended by striking until any conviction pursuant to the indictment becomes final and inserting until the date of any conviction pursuant to the indictment4 #g4 ,authority to hire additional personnel ,the ,director of the ,bureau of ,alcohol1 ,tobacco1 ,firearms1 and ,explosives may hire at least #hj additional employees for the purpose of carrying out additional inspections as provided for in the amendments made by this ,act4 #h4 ,authority to require licensed dealer to conduct a physical inventory and provide inventory record if dealer has unlawfully transferred a firearm or #aj or more crime guns are traced to the dealer 7a7 ,in general ,section #ibc7;g77#a7 of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 7,e7 ,the ,attorney ,general may require a licensed importer1 licensed manufacturer1 or licensed dealer to conduct a physical inventory of the firearms in the business inventory of the licensee1 and provide the ,attorney ,general with a detailed record of the physical inventory if-- 7i7 the licensee has been convicted of transferring a firearm unlawfully2 or 7ii7 the ,attorney ,general finds that #aj or more firearms used in a crime under ,federal1 ,state1 or local law have been traced back to the licensee4 4 7b7 ,conforming amendments 7#a7 ,section #ibc7;j7 of such title is amended in the #fth sentence by inserting 1 except as required under subsection 7g77#a77;,e7 before the period4 7#b7 ,the matter under the heading salaries and expenses under the heading ,bureau of ,alcohol1 ,tobacco1 ,firearms and ,explosives under title ,,ii of division ,b of the ,consolidated and ,further ,continuing ,appropriations ,act1 #bjac 7,public ,law #aac-f2 #abg ,stat4 #bdg7 is amended in the #eth proviso by inserting 1 except as required under subsection 7g77#a77;,e7 of such section #ibc before the colon4 #i4 ,issuance of licenses ,section #ibc of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7c7-- 7,a7 by inserting 7#a7 before ,upon2 7,b7 in the first sentence1 by inserting 1 subject to paragraph 7#b71 after ,attorney ,general shall2 and 7,c7 by adding at the end the following3 7#b7 ,the ,attorney ,general may deny an application submitted under subsection 7a7 or 7b7 if the ,attorney ,general determines-- 7,a7 issuing the license would pose a danger to public safety2 or 7,b7 that the applicant-- 7i7 is not likely to comply with the law2 or 7ii7 is otherwise is not suitable to be issued a license4 2 and 7#b7 in subsection 7d77#a71 in the matter preceding subparagraph 7,a71 by inserting 1 subject to subsection 7c77#b71 after shall4 #aj4 ,liability standards ,section #ibc of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7c71 in the third sentence1 by striking willfully2 and 7#b7 in subsection 7d71 by striking willfully each place it appears4 #aa4 ,regulatory flexibility ,section #ibf7;a7 of title #ah1 ,united ,states ,code1 is amended1 in the matter preceding paragraph 7#a7 by striking only4 #ab4 ,report to the ,congress ,the ,director of the ,bureau of ,alcohol1 ,tobacco1 ,firearms1 and ,explosives shall submit biennial reports to ,congress on the implementation of this ,act and the amendments made by this ,act1 which shall include-- 7#a7 a statement by the ,director as to what additional resources1 if any1 are necessary in order to implement this ,act and the amendments made by this ,act2 and 7#b7 any recommendations of the ,director for how better to ensure that-- 7,a7 firearms dealers are complying with all laws and regulations that apply with respect to dealing in firearms2 and 7,b7 noncompliant firearms dealers are subject to appropriate action in a timely manner4 #ac4 ,severability ,if any provision of this ,act or of an amendment made by this ,act1 or the application of such a provision to any person or circumstance1 is held to be invalid1 the remainder of this ,act or of such an amendment1 or the application of this ,act or of such an amendment to other persons or circumstances1 shall not be affected4