,,ii #aahth ,,congress #b;d ,session ,s4 #dgjf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #aa 7legislative day1 ,july #aj71 #bjbd,mr4 ,durbin 7for himself1 ,mr4 ,whitehouse1 ,mr4 ,blumenthal1 ,ms4 ,hirono1 ,mr4 ,booker1 ,mr4 ,welch1 ,mrs4 ,shaheen1 ,mr4 ,reed1 ,mr4 ,schatz1 and ,mr4 ,cardin7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to modernize the business of selling firearms4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,federal ,firearm ,licensee ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,findings4,sec4 #c4 ,definitions4,sec4 #d4 ,repeal of temporary ,brady provision4,sec4 #e4 ,physical security of licensee premises4,sec4 #f4 ,business inventory firearms4,sec4 #g4 ,electronic records4,sec4 #h4 ,notification of default transfers4,sec4 #i4 ,multiple firearm sales records and reports4,sec4 #aj4 ,safety devices and warnings to purchasers4,sec4 #aa4 ,inspections4,sec4 #ab4 ,authority with regards to license issuance and renewal4,sec4 #ac4 ,increased licensing fees4,sec4 #ad4 ,elimination of obligatory stay of effective date of license revocation4,sec4 #ae4 ,elimination of relief for dealers indicted for a crime punishable by imprisonment for a term exceeding one year4,sec4 #af4 ,elimination of relief while ,federal disability relief application pending4,sec4 #ag4 ,presumption of knowledge of ,state law in sale of long guns to residents of another ,state4,sec4 #ah4 ,increased penalties for knowing transfer of firearm without conducting a background check4,sec4 #ai4 ,unlawful acts upon incurring ,federal disability or notice of license suspension1 revocation1 or denied renewal4,sec4 #bj4 ,regulation of facilitators of firearm transfers4,sec4 #ba4 ,dealer and employee background checks4,sec4 #bb4 ,liability standards4,sec4 #bc4 ,civil enforcement4,sec4 #bd4 ,removal of bar on civil proceedings if criminal proceedings terminated4,sec4 #be4 ,repeal of certain limitations4,sec4 #bf4 ,authority to hire additional industry operation investigators for ,bureau of ,alcohol1 ,tobacco1 ,firearms1 and ,explosives4,sec4 #bg4 ,report on implementation of this ,act4,sec4 #bh4 ,annual licensed dealer inspections report and analysis4,sec4 #bi4 ,deadline for issuance of final regulations4 #b4 ,findings ,congress finds the following3 7#a7 ,a growing body of evidence demonstrates that firearm dealers' sales practices affect the probability of firearms getting to criminals and that policies designed to hold firearm sellers accountable can curtail the diversion of firearms to criminals4 7#b7 ,federal laws governing firearm dealers-- 7,a7 have not been updated in more than #cj years2 7,b7 contain safeguards that protect dealers who engage in illegal practices from adverse enforcement action2 7,c7 frustrate law enforcement efforts to curb firearm trafficking and violence2 and 7,d7 are1 thus1 inadequate to meet the realities of the #bast century4 7#c7 7,a7 ,the ,tiahrt ,amendments1 for one-- 7i7 severely limit the authority of the ,bureau of ,alcohol1 ,tobacco1 ,firearms1 and ,explosives 7commonly known as the ,,atf7 to disclose crime firearm trace data to the public2 7ii7 prevent-- 7,i7 the collection of valuable information2 and 7,,ii7 the establishment of effective policies to prevent illegal firearms from being used in crimes2 and 7iii7 impede enforcement of the firearm laws by-- 7,i7 requiring most background check records to be destroyed within #bd hours2 and 7,,ii7 barring the ,government from requiring owners of firearm shops to conduct annual inventory audits4 7,b7 ,repealing the ,tiahrt ,amendments would support law enforcement efforts and give the public vital information needed to craft the most effective policies against illegal firearms4 7#d7 ,additionally1 ,federal law imposes no requirements that firearm dealers physically secure their highly valuable and lethal inventory4 ,the number of firearm thefts from licensed firearm dealers has increased more than the number from any other source4 ,between #bjac and #bjag1 the number of firearms stolen in firearm-dealer burglaries more than doubled and the number of firearms stolen in firearm-dealer robberies tripled4 #c4 ,definitions ,section #iba7;a7 of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 7#ch7 ,the term facilitator means any person engaged in the business of hosting a commercial marketplace in which offers for firearm sales1 purchases1 or other transfers are allowed to be made1 except that such a person shall not be considered to be a facilitator with respect to any transaction that is made through the use of a website or mobile application owned or operated by the person if-- 7,a7 the transaction violates the terms of service of the website or mobile application2 and 7,b7 the person has made a good faith effort to enforce the terms of service by1 at a minimum1 auditing firearms transactions on a quarterly basis to ensure compliance with this chapter4 7#ci7 ,the term occasional means1 with respect to transactions1 fewer than #e transactions in a #ab-month period4 7#dj7 ,the term personal collection includes any firearm obtained only for the personal use of an individual and not for the purpose of selling or trading1 except that a firearm obtained through inheritance shall not be considered part of a personal collection until the firearm has been possessed for #a year4 7#da7 ,the term business inventory firearm means1 with respect to a person1 a firearm required by law to be recorded in the acquisition and disposition logs of any firearms business of the person4 7#db7 7,a7 ,the term frame means the part of a handgun1 or a variant thereof1 that provides housing or a structure for the primary energized component designed to hold back the hammer1 striker1 bolt1 or similar component prior to initiation of the firing sequence 7such as a sear or the equivalent71 even if pins or other attachments are required to connect such component to the housing or structure4 7,b7 ,the term receiver means the part of a rifle1 shotgun1 or projectile weapon other than a handgun1 or a variant thereof1 that provides housing or a structure for the primary component designed to block or seal the breech prior to initiation of the firing sequence 7such as a bolt1 breechblock1 or the equivalent71 even if pins or other attachments are required to connect such component to the housing or structure4 7,c7 ,for purposes of this paragraph1 the term variant means a weapon utilizing a similar frame or receiver design irrespective of new or different model designations or configurations1 characteristics1 features1 components1 accessories1 or attachments4 ,for example1 an ,,ak-type firearm with a short stock and a pistol grip is a pistol variant of an ,,ak-type rifle1 an ,,ar-type firearm with a short stock and a pistol grip is a pistol variant of an ,,ar-type rifle1 and a revolving cylinder shotgun is a shotgun variant of a revolver4 4 #d4 ,repeal of temporary ,brady provision 7a7 ,in general ,section #ibb of title #ah1 ,united ,states ,code1 is amended by striking subsection 7s74 7b7 ,conforming amendments ,chapter #dd of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in section #ibb-- 7,a7 in subsection 7t7-- 7i7 in paragraph 7#c77;,c77ii71 by striking 7as defined in subsection 7s77#h772 and 7ii7 by adding at the end the following3 7,a7 ,for purposes of this subsection1 the term chief law enforcement officer means the chief of police1 the sheriff1 or an equivalent officer or the designee of any such individual4 2 and 7,b7 in subsection 7y77#b71 in the matter preceding subparagraph 7,a71 by striking 1 7g77#e77;,b71 and 7s77#c77;,b77v77,,ii7 and inserting and 7g77#e77;,b72 7#b7 in section #ibd7;a77#e71 by striking subsection 7s7 or 7t7 of section #ibb and inserting section #ibb7t72 and 7#c7 in section #ibe;,a1 in the matter preceding paragraph 7#a71 by striking subsection 7s7 or 7t7 of section #ibb and inserting section #ibb7t74 #e4 ,physical security of licensee premises 7a7 ,security plan submission requirement 7#a7 ,in general ,section #ibc7;d77#a77;,g7 of title #ah1 ,united ,states ,code1 is amended-- 7,a7 by striking 1 the applicant and inserting the following3 -- 7i7 the applicant 2 7,b7 by striking the period ad the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7ii7 the applicant-- 7,i7 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 emergency72 and 7,,ii7 certifies that1 if issued such a license1 the applicant will comply with the plan described in subclause 7,i74 4 7#b7 ,written approval required before license renewal ,section #ibc7;d77#a7 of title #ah1 ,united ,states ,code1 is amended-- 7,a7 in subparagraph 7,f71 by striking and at the end2 7,b7 in subparagraph 7,g71 as amended by paragraph 7#a71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7,h7 in the case of an application to renew a license to deal in firearms-- 7i7 the license is not suspended2 7ii7 no license issued to the applicant under this chapter has been revoked2 and 7iii7 the ,attorney ,general has inspected the premises and provided written approval of the security plan submitted by the applicant under subparagraph 7,g77ii77,i74 4 7#c7 ,applicability to existing dealers whose license will expire 7,a7 ,in general ,if1 not later than #a year after the date on which regulations are prescribed under section #ibf7;d7 of title #ah1 ,united ,states ,code 7as added by subsection 7c7 of this section71 a person described in subparagraph 7,b7 of this paragraph submits to the ,attorney ,general a security plan described in clause 7ii77,i7 of section #ibc7;d77#a77;,g7 of that title 7as added by paragraph 7#a7 of this subsection71 the security plan shall be considered to have been submitted in accordance with such section #ibc7;d77#a77;,g74 7,b7 ,person described ,a person described in this subparagraph is a person-- 7i7 who1 on the date of enactment of this ,act1 is a licensed dealer 7as defined in section #iba7;a77#aa7 of title #ah1 ,united ,states ,code72 and 7ii7 whose license to deal in firearms issued under chapter #dd of title #ah1 ,united ,states ,code1 will expire on or after the date that is #a year after the date on which regulations are prescribed under section #ibf7;d7 of that title 7as added by subsection 7c7 of this section74 7b7 ,annual 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 ,annual certification 7#a7 ,in general ,each licensed manufacturer1 licensed importer1 and licensed dealer shall-- 7,a7 annually certify to the ,attorney ,general that each premises from which the licensee conducts business subject to license under this chapter is in compliance with the regulations prescribed under section #ibf7;d72 and 7,b7 in the case of a licensed dealer1 include with the certification under subparagraph 7,a7-- 7i7 the results of a reconciliation of the resale firearms then in the business inventory of the licensee against the resale firearms in the business inventory of the licensee at the time of the most recent prior certification 7if any7 under this paragraph2 and 7ii7 all dispositions and acquisitions of resale firearms in the year covered by the certification1 identifying and reporting any missing firearm4 7#b7 ,civil penalty ,the ,attorney ,general shall impose a civil penalty of not more than #e1jjj on1 and may suspend the license issued under this section to1 a licensee who fails to comply with paragraph 7#a74 4 7#b7 ,applicability ,in the case of a person who1 on the date of enactment of this ,act1 is a licensee referred to in section #ibc7m7 of title #ah1 ,united ,states ,code 7as added by paragraph 7#a771 such section #ibc7m7 shall apply to the person on and after the date that is #a year after the date on which regulations are prescribed under subsection 7d7 of section #ibf of that title 7as added by subsection 7c77#a774 7c7 ,regulations 7#a7 ,in general ,section #ibf of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 7d7 ,securing premises from theft ,the ,attorney ,general shall prescribe such regulations as are necessary to ensure that any premises at which a licensee referred to in section #ibc7m7 conducts business is secure from theft1 which shall include requiring-- 7#a7 compliance with the security plan submitted by the licensee pursuant to section #ibc7;d77#a77;,g77ii77,i71 if applicable2 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 7#e7 concrete bollards and other access controls1 if necessary2 and 7#f7 the use of any other security-enhancing features appropriate for the specific circumstances of the licensee4 4 7#b7 ,applicability ,the regulations prescribed under section #ibf7;d7 of title #ah1 ,united ,states ,code1 as added by paragraph 7#a71 shall not apply to a person who1 on the date of the enactment of this ,act1 is a licensee referred to in section #ibc7m7 of that title1 until the date that is #a year after the date on which the regulations are prescribed4 #f4 ,business inventory firearms 7a7 ,requirement ,to transfer firearm in personal collection to business inventory before disposition ,section #ibc7;c7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by striking the second sentence and inserting the following3 ,nothing in this chapter shall be construed to prohibit a licensed manufacturer1 licensed importer1 or licensed dealer from maintaining a personal collection of firearms42 7#b7 by striking the third sentence2 and 7#c7 by adding at the end the following3 ,any firearm disposed of by a licensee shall be from the business inventory of the licensee4 7b7 ,licensee firearms inventory ,section #ibc7;g7 of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 7#h7 7,a7 ,each quarter1 a licensee shall conduct a physical check of the firearms inventory of the business of the licensee licensed under this chapter and report to the ,attorney ,general and appropriate local authorities any firearm that is lost1 stolen1 or unaccounted for4 7,b7 ,the ,attorney ,general shall prescribe regulations to implement the requirements under subparagraph 7,a71 which shall require1 at a minimum1 that a licensee record1 for each firearm in the inventory of the licensee-- 7i7 the date of receipt of the firearm2 7ii7 the name1 address1 and license number1 if applicable1 of the person from whom the firearm was received2 7iii7 the name of the manufacturer and1 if applicable1 importer of the firearm2 7iv7 the model1 serial number1 type1 and caliber or gauge of the firearm2 and 7v7 the date of the sale or other disposition of the firearm4 7,c7 ,nothing in this paragraph shall be construed to prohibit the ,attorney ,general from1 at any time1 requiring the regular or one-time submission of the inventory records of a licensee to ensure that the licensee is in compliance with this chapter4 4 7c7 ,repeal of limitations on imposition of requirement that firearms dealers conduct physical check of firearms inventory 7#a7 ,fiscal year #bjac ,the fifth proviso under the heading ,salaries and ,expenses under the heading ,bureau of ,alcohol1 ,tobacco1 ,firearms and ,explosives 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 and any fiscal year thereafter4 7#b7 ,fiscal year #bjab ,the matter under the heading ,salaries and ,expenses under the heading ,bureau of ,alcohol1 ,tobacco1 ,firearms and ,explosives in title ,,ii of division ,b of the ,consolidated and ,further ,continuing ,appropriations ,act1 #bjab 7,public ,law #aab-ee2 #abe ,stat4 #fji7 is amended by striking the seventh proviso4 7#c7 ,fiscal year #bjaj ,the seventh proviso under the heading ,salaries and ,expenses under the heading ,bureau of ,alcohol1 ,tobacco1 ,firearms and ,explosives in title ,,ii of division ,b of the ,consolidated and ,further ,continuing ,appropriations ,act1 #bjaj 7,public ,law #aaa-aag2 #abc ,stat4 #cabi7 is amended by striking or any other4 7#d7 ,fiscal year #bjji ,the seventh proviso under the heading ,salaries and ,expenses under the heading ,bureau of ,alcohol1 ,tobacco1 ,firearms and ,explosives in title ,,ii of division ,b of the ,omnibus ,appropriations ,act1 #bjji 7,public ,law #aaa-h2 #abc ,stat4 #ege7 is amended by striking or any other4 7#e7 ,fiscal year #bjjh ,the seventh proviso under the heading ,salaries and ,expenses under the heading ,bureau of ,alcohol1 ,tobacco1 ,firearms and ,explosives in title ,,ii of division ,b of the ,consolidated ,appropriations ,act1 #bjjh 7,public ,law #aaj-afa2 #aba ,stat4 #aijd7 is amended by striking or any other4 7#f7 ,fiscal year #bjjf ,the seventh proviso under the heading ,salaries and ,expenses under the heading ,bureau of ,alcohol1 ,tobacco1 ,firearms and ,explosives in title ,i of the ,science1 ,state1 ,justice1 ,commerce1 and ,related ,agencies ,appropriations ,act1 #bjjf 7,public ,law #aji-ajh2 #aai ,stat4 #bbif7 is amended by striking or any other4 7#g7 ,fiscal year #bjje ,the seventh proviso under the heading ,salaries and ,expenses under the heading ,bureau of ,alcohol1 ,tobacco1 ,firearms and ,explosives in title ,i of division ,b of the ,consolidated ,appropriations ,act1 #bjje 7,public ,law #ajh-ddg2 #aah ,stat4 #bhfj7 is amended by striking or any other4 7#h7 ,fiscal year #bjjd ,the seventh proviso under the heading ,salaries and ,expenses under the heading ,bureau of ,alcohol1 ,tobacco1 ,firearms and ,explosives in title ,i of division ,b of the ,consolidated ,appropriations ,act1 #bjjd 7,public ,law #ajh-aii2 #aah ,stat4 #ec7 is amended by striking or any other4 #g4 ,electronic records 7a7 ,records retention and submission ,section #ibc7;g7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a77;,a7-- 7,a7 in the first sentence1 by inserting before the period at the end the following3 1 except that1 notwithstanding any other provision of law1 on and after the date that is #a year after the date of enactment of the ,federal ,firearm ,licensee ,act1 records prepared by a licensee under this chapter of the sale or other disposition of firearms1 including each firearms transaction record1 and the corresponding record of receipt of such firearms1 shall be retained at the business premises readily accessible for inspection under this chapter until the business is discontinued2 and 7,b7 by striking the second sentence2 7#b7 in paragraph 7#e77;,a71 by inserting or electronically as may be after submit on a form2 and 7#c7 in paragraph 7#g71 by inserting 1 electronically1 after orally4 7b7 ,records databases ,section #ibc7;g7 of title #ah1 ,united ,states ,code1 as amended by section #f1 is amended by adding at the end the following3 7#i7 7,a7 ,not later than #c years after the date of enactment of this paragraph1 the ,national ,tracing ,center of the ,bureau of ,alcohol1 ,tobacco1 ,firearms1 and ,explosives shall establish and maintain electronic1 searchable databases of all records regarding the importation1 production1 shipment1 receipt1 sale1 or other disposition of firearms required to be submitted by licensees to the ,attorney ,general under this chapter4 7,b7 ,each licensee under this chapter may provide the ,national ,tracing ,center with electronic access1 consistent with the requirements of this paragraph1 to all records within the possession of the licensee that are required to be kept under this chapter4 7,c7 ,the ,national ,tracing ,center-- 7i7 shall have remote access to query1 search1 or otherwise access the electronic databases described in subparagraph 7,a72 and 7ii7 with the permission of a ,state1 or political subdivision of a ,state1 may query1 search1 or otherwise access the databases of the firearms registration system or pawnbroker records system of the ,state or political subdivision4 7,d7 ,the ,national ,tracing ,center may query1 search1 or otherwise access the electronic databases described in subparagraph 7,a7 only to obtain information related to any ,federal1 ,state1 local1 tribal1 or foreign criminal investigation4 7,e7 ,the electronic databases established under subparagraph 7,a7-- 7i7 shall be electronically searchable by date of disposition1 license number1 and the information identified on each firearm or other firearm descriptor1 including the manufacturer1 importer1 model1 serial number1 type1 and caliber or gauge2 7ii7 shall not be electronically searchable by the personally identifiable information of any individual1 without a warrant authorizing such a search2 and 7iii7 shall include in search results the entire contents of the relevant records kept by the licensee4 4 7c7 ,video recordings of sales and transfers ,section #ibc7;g7 of title #ah1 ,united ,states ,code1 as amended by subsection 7b71 is amended by adding to the end the following3 7#aj7 ,in accordance with regulations promulgated by the ,attorney ,general1 each licensed dealer operating a location at which firearms are sold to a person not licensed under this chapter shall-- 7,a7 maintain video surveillance of all areas within each premises where firearms in the business inventory of the licensee are sold or transferred2 7,b7 retain records of the surveillance1 including any sound recording obtained from the surveillance1 for a period of not less than #ij days2 and 7,c7 post a sign in a conspicuous place and at each public entrance to the retail location1 in block letters not less than #a inch in height1 stating that the premises are under video surveillance4 4 7d7 ,increased penalties for licensee violations relating to acquisition and disposition records ,section #ibd7;a77#c7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by redesignating subparagraphs 7,a7 and 7,b7 as clauses 7i7 and 7ii71 respectively1 and adjusting the margins accordingly2 7#b7 by moving the matter following clause 7ii7 7as so redesignated7 #b ems to the right2 7#c7 in the matter following clause 7ii7 7as so redesignated71 by striking one year and inserting #e years2 7#d7 by inserting 7,a7 after 7#c72 and 7#e7 by adding at the end the following3 7,b7 ,if the conduct described in clause 7i7 or 7ii7 of subparagraph 7,a7 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 not more than #aj years1 or both4 4 7e7 ,elimination of limitation on centralizing records ,section #ibf7;a7 of title #ah1 ,united ,states ,code1 is amended1 in the matter following paragraph 7#c7-- 7#a7 in the first sentence1 by striking records required to be maintained under this chapter or any portion of the contents of such records1 be recorded at or transferred to a facility owned1 managed1 or controlled by the ,united ,states or any ,state or any political subdivision thereof1 nor that2 and 7#b7 in the second sentence1 by striking ,secretary's and inserting ,attorney ,general's4 7f7 ,electronic recordkeeping adoption and implementation ,section #ibf of title #ah1 ,united ,states ,code1 as amended by section #e1 is amended by adding at the end the following3 7e7 ,facilitation of electronic recordkeeping ,the ,attorney ,general-- 7#a7 shall facilitate and incentivize the conversion to1 and adoption of1 electronic recordkeeping solutions by licensees that enable electronic completion and submission to the ,attorney ,general of all records required to be maintained under this chapter2 7#b7 shall facilitate-- 7,a7 digital capture of paper records of licensed dealers2 and 7,b7 the integration and indexing of data onto a platform accessible by law enforcement authorities for purposes of investigating a violent crime or crime gun trace2 7#c7 shall facilitate1 with respect to the electronic databases established under section #ibc7;g77#i77;,a7-- 7,a7 remote access to electronic records of licensed dealers by law enforcement authorities for purposes of investigating a violent crime or crime gun trace2 and 7,b7 access by licensed dealers to only their own records2 and 7#d7 may not remotely access or search electronic records of licensed dealers without a warrant authorizing such a search4 4 #h4 ,notification of default transfers ,section #ibb7t77#a7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,c71 by striking and at the end2 7#b7 in subparagraph 7,d71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7,e7 in the case of a transfer conducted pursuant to subparagraph 7,b77ii7 or clause 7ii7 or 7iii7 of subparagraph 7,c71 the licensee notifies the ,attorney ,general1 not later than the close of business on the day on which the firearm is transferred1 that the firearm has been transferred to the person4 4 #i4 ,multiple firearm sales records and reports 7a7 ,expanding reporting requirement to certain long guns ,section #ibc7;g77#c77;,a7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in the first sentence1 by striking pistols1 or revolvers1 or any combination of pistols and revolvers and inserting pistols1 revolvers1 semiautomatic rifles or shotguns1 or rifles or shotguns capable of accepting a high capacity magazine1 or any combination of such weapons2 and 7#b7 by inserting after the first sentence the following3 ,in the preceding sentence1 the term high capacity magazine means a magazine capable of holding more than #aj rounds of ammunition1 and includes a magazine that may be readily converted to hold more than #aj rounds of ammunition4 7b7 ,requirement ,to retain instant criminal background check records for #ij business days ,section #ibb7t77#b77;,c7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by striking destroy and inserting retain for not less than #ij business days2 7#b7 by striking 7other than the identifying number and the date the number was assigned72 and 7#c7 by inserting before the period at the end the following3 solely for purposes related to discovering misuse or avoidance of the national instant criminal background check system or ensuring its proper operation4 7c7 ,attorney ,general reports of multiple sales by non-,licensees ,section #ibc7;g77#c7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by redesignating subparagraph 7,b7 as subparagraph 7,c72 and 7#b7 by inserting after subparagraph 7,a7 the following3 7,b7 7i7 ,the ,attorney ,general shall prepare a report of multiple dispositions of firearms to persons not licensed under this chapter1 which shall include the names and identifying information of transferees appearing in the records retained under section #ibb7t77#b77;,c7 on #b or more occasions in any period of #e consecutive business days4 7ii7 ,the report described in clause 7i7 shall be prepared on a form substantially similar to the form created pursuant to subparagraph 7,a7 and include the names and addresses of the licensees who requested the background checks under subsection 7t74 7iii7 ,the ,attorney ,general shall forward the report described in clause 7i7 to the office designated pursuant to subparagraph 7,a7 and to the departments of ,state police or ,state law enforcement agencies of the ,state or local law enforcement agencies of the local jurisdictions in which the sales or other dispositions took place1 not later than the close of business on the date of the most recent such sale or other disposition4 4 7d7 ,records retention ,to investigate crime guns ,section #ibc7;g77#c77;,c7 of title #ah1 ,united ,states ,code1 as redesignated by subsection 7c77#a7 of this section1 is amended-- 7#a7 in the first sentence-- 7,a7 by inserting a firearm involved in a crime or after ,except in the case of forms and contents thereof regarding2 and 7,b7 by striking 1 and shall destroy each such form and any record of the contents thereof no more than #bj days from the date such form is received and inserting and shall retain each such form and any record of the contents of the form for not less than #ahj days after the date on which the form is received2 and 7#b7 by striking the second sentence4 #aj4 ,safety devices and warnings to purchasers ,section #ibb7z7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by inserting and warnings to purchasers after ,secure gun storage or safety device2 7#b7 by striking handgun each place it appears and inserting firearm2 and 7#c7 by adding at the end the following3 7#d7 ,warnings to purchasers 7,a7 ,in general ,a licensed dealer operating a physical retail location shall post conspicuously within the licensed premises all warnings required to be provided to firearms purchasers under applicable ,state and local law4 7,b7 ,materials 7i7 ,development and distribution by ,attorney ,general ,the ,attorney ,general shall-- 7,i7 develop materials regarding suicide prevention1 securing firearms from loss1 theft1 or access by a minor or prohibited person1 and straw purchasing2 and 7,,ii7 provide the materials developed under subclause 7,i7 to each licensed dealer4 7ii7 ,dissemination by dealers ,a licensed dealer shall disseminate the materials described in clause 7i7 upon transfer of a firearm to a person not licensed under this chapter4 4 #aa4 ,inspections 7a7 ,mandated annual inspections of high-,risk licensed dealers and quinquennial inspections of other licensed dealers ,section #ibc7;g77#a77;,b7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in clause 7ii71 by redesignating subclauses 7,i7 and 7,,ii7 as items 7aa7 and 7bb71 respectively1 and adjusting the margins accordingly2 7#b7 by redesignating clauses 7i71 7ii71 and 7iii7 as subclauses 7,i71 7,,ii71 and 7,,iii71 respectively1 and adjusting the margins accordingly2 7#c7 by inserting 7i7 after 7,b72 and 7#d7 by adding at the end the following3 7ii7 7,i7 ,the ,attorney ,general-- 7aa7 not less frequently than annually1 shall inspect or examine the inventory1 records1 and business premises of each licensed dealer whom the ,attorney ,general determines to be a high-risk dealer1 based on considerations that include whether-- 7,,aa7 during the preceding #e years1 the dealer reported a lost or stolen firearm2 7,,bb7 during the preceding #aj years1 the dealer was issued a report of violation1 received a warning letter1 or was the subject of a warning conference2 or 7,,cc7 during the preceding year1 multiple firearms were determined to have been used in a crime under ,federal1 ,state1 or local law within #c years after sale by the dealer2 and 7bb7 may appoint an attorney to ensure that high-risk dealers comply with all applicable firearm sales laws4 7,,ii7 ,an attorney appointed under subclause 7,i77bb7 may1 with respect to high-risk dealers1 use in-store observation1 monitor records1 conduct random and repeated sales integrity tests1 and design and offer instructional programs providing best practices sales training to all employees involved in firearm sales until the attorney certifies to the ,attorney ,general that the high-risk dealer has complied with all applicable firearm sales laws for #c consecutive years4 7,,iii7 ,not later than #ahj days after the date on which an inspection or examination under subclause 7,i7 reveals a violation of this section or any regulation prescribed under this chapter1 and not later than #ahj days after a security inspection conducted under paragraph 7#f77;,b77i7 of this subsection1 the ,attorney ,general shall conduct an inspection or examination to determine whether the violation identified in the preceding inspection or examination has been cured4 7,,iv7 ,not less frequently than once every #e years1 the ,attorney ,general shall inspect or examine the inventory1 records1 and business premises of each licensed dealer that the ,attorney ,general has not determined to be a high-risk dealer under subclause 7,i74 4 7b7 ,elimination of limit on inspection of licensee records ,section #ibc7;g77#a77;,b77i77,,ii7 of title #ah1 ,united ,states ,code1 as redesignated by subsection 7a71 is amended-- 7#a7 by striking -- and all that follows through 7bb72 and 7#b7 by striking with respect to records relating to a firearm involved in a criminal investigation that is traced to the licensee4 7c7 ,mandated security inspection of dealers reporting lost or stolen firearms ,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 ,if the ,attorney ,general receives a report under subparagraph 7,a7 from a licensed dealer1 the ,attorney ,general shall conduct an independent inspection of the security of the premises at which the theft occurred1 which shall include an inspection of the measures taken to implement the security plan submitted by the licensed dealer under subsection 7d77#a77;,g77ii74 7ii7 ,on completion of a security inspection under clause 7i71 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 7d7 ,elimination of limit on inspection of other premises ,section #ibc7;j7 of title #ah1 ,united ,states ,code1 is amended by striking the sixth sentence4 #ab4 ,authority with regards to license issuance and renewal 7a7 ,denial authority ,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 the ,attorney ,general shall2 and 7,c7 by adding at the end the following3 7#b7 ,the ,attorney ,general shall deny an application submitted under subsection 7a7 or 7b7 if the ,attorney ,general determines that-- 7,a7 issuing the license would pose a danger to public safety2 or 7,b7 the applicant-- 7i7 is not likely to comply with the law2 or 7ii7 is otherwise not suitable to be issued a license4 2 and 7#b7 in subsection 7d77#a7-- 7,a7 in the matter preceding subparagraph 7,a71 by striking shall and inserting or renewal thereof shall1 subject to subsection 7c77#b712 7,b7 in subparagraph 7,c71 by striking not willfully violated and inserting no uncured violations2 and 7,c7 in subparagraph 7,f7-- 7i7 in clause 7ii71 by striking and at the end2 and 7ii7 by adding at the end the following3 7iv7 each employee employed in the business-- 7,i7 will be at least the minimum age at which individuals may possess a firearm in the locality in which the business will be conducted2 and 7,,ii7 is not prohibited from being transferred a firearm1 or transporting1 shipping1 or receiving firearms or ammunition1 in interstate or foreign commerce by subsection 7d71 7g71 or 7n7 7as applicable7 of section #ibb or by ,state1 local1 or ,tribal law2 and 4 7b7 ,authority ,to revoke or suspend licenses ,section #ibc of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7e7-- 7,a7 in the first sentence1 by inserting or suspend after revoke2 and 7,b7 in the third sentence1 by striking ,secretary's and inserting ,attorney ,general's2 and 7#b7 in subsection 7f7-- 7,a7 in paragraph 7#a7-- 7i7 by inserting or suspended after revoked each place it appears2 and 7ii7 by inserting or suspension after revocation each place it appears2 7,b7 in paragraph 7#b7-- 7i7 by striking 1 or revokes and inserting 1 revokes1 or suspends2 and 7ii7 by striking or revocation and inserting 1 revocation1 or suspension2 and 7,c7 in paragraph 7#c7-- 7i7 by inserting or suspend after revoke each place it appears2 and 7ii7 by striking or revocation and inserting 1 revocation1 or suspension4 7c7 ,authority ,to promulgate rules ,section #ibf7;a7 of title #ah1 ,united ,states ,code1 is amended1 in the matter preceding paragraph 7#a71 by striking only4 7d7 ,repeal of riders limiting use of funds ,to deny licenses due to lack of business activity 7#a7 ,fiscal year #bjac ,the matter under the heading ,salaries and ,expenses under the heading ,bureau of ,alcohol1 ,tobacco1 ,firearms and ,explosives 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 #bdg7 is amended by striking the sixth proviso4 7#b7 ,fiscal year #bjab ,the matter under the heading ,salaries and ,expenses under the heading ,bureau of ,alcohol1 ,tobacco1 ,firearms and ,explosives in title ,,ii of division ,b of the ,consolidated and ,further ,continuing ,appropriations ,act1 #bjab 7,public ,law #aab-ee2 #abe ,stat4 #fji7 is amended by striking the ninth proviso4 #ac4 ,increased licensing fees 7a7 ,fees for licensed importers1 manufacturers1 and dealers in firearms and importers and manufacturers of ammunition ,section #ibc7;a7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in subparagraph 7,a71 by striking #a1jjj and inserting #b1jjj2 7,b7 in subparagraph 7,b71 by striking #ej and inserting #ajj2 and 7,c7 in subparagraph 7,c71 by striking #aj and inserting #bj2 7#b7 in paragraph 7#b7-- 7,a7 in subparagraph 7,a71 by striking #a1jjj and inserting #b1jjj2 and 7,b7 in subparagraph 7,b71 by striking #ej and inserting #ajj2 and 7#c7 in paragraph 7#c7-- 7,a7 in subparagraph 7,a71 by striking #a1jjj and inserting #b1jjj2 and 7,b7 in subparagraph 7,b7-- 7i7 by striking #bjj and inserting #djj2 and 7ii7 by striking #ij and inserting #ahj4 7b7 ,fees for licensed collectors ,section #ibc7;b7 of title #ah1 ,united ,states ,code1 is amended by striking #aj and inserting #bj4 #ad4 ,elimination of obligatory stay of effective date of license revocation ,section #ibc7;f77#b7 of title #ah1 ,united ,states ,code1 is amended1 in the second sentence1 by striking shall upon the request of the holder of the license and inserting may1 upon a showing by the holder of the license of good cause14 #ae4 ,elimination of relief for dealers indicted for a crime punishable by imprisonment for a term exceeding one year 7a7 ,in general ,section #ibe of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by striking subsection 7b72 and 7#b7 by redesignating subsections 7c7 through 7f7 as subsections 7b7 through 7e71 respectively4 7b7 ,conforming amendments 7#a7 ,chapter #dd of title #ah1 ,united ,states ,code ,chapter #dd of title #ah1 ,united ,states ,code1 is amended-- 7,a7 in section #ibb-- 7i7 in subsection 7d71 in the second sentence-- 7,i7 by striking licensed importer1 licensed manufacturer1 licensed dealer1 or licensed collector who pursuant to subsection 7b7 of section #ibe is not precluded from dealing in firearms or ammunition1 or to a2 and 7,,ii7 by striking subsection 7c7 of section #ibe and inserting section #ibe7;b72 7ii7 in subsection 7l71 by striking #ibe7;d7 of this chapter and inserting #ibe7;c72 and 7iii7 in subsection 7r71 by striking #ibe7;d77#c7 of this chapter and inserting #ibe7;c77#c72 and 7,b7 in section #ibe7;f71 by striking subsection 7d7 and inserting subsection 7c74 7#b7 ,foreign ,military ,sales ,act ,section #ch7;b77#a77;,b77i7 of the ,foreign ,military ,sales ,act 7#bb ,u4,s4,c4 #bggh7;b77#a77;,b77i77 is amended by striking #ibe7;e7 and inserting #ibe7;d74 7#c7 ,,nics ,improvement ,amendments ,act of #bjjg ,section #aja7;c77#b77;,a77iii7 of the ,,nics ,improvement ,amendments ,act of #bjjg 7#cd ,u4,s4,c4 #djiaa7;c77#b77;,a77iii77 is amended by striking #ibe7;c7 and inserting #ibe7;b74 7#d7 ,atomic ,energy ,act of #aied ,section #afa;,a7b7 of the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #bbja;a7b77 is amended by striking #ibe7;d7 and inserting #ibe7;c74 #af4 ,elimination of relief while ,federal disability relief application pending ,section #ibe7;b7 of title #ah1 ,united ,states ,code1 as so redesignated by section #ae7;a7 of this ,act1 is amended by striking the fourth sentence and inserting the following3 ,this subsection shall not be construed to prohibit the ,attorney ,general from1 on a showing by a licensee of good cause1 permitting the licensee to continue operations while an application for relief from disabilities is pending4 #ag4 ,presumption of knowledge of ,state law in sale of long guns to residents of another ,state ,section #ibb7;b77#c7 of title #ah1 ,united ,states ,code1 is amended by striking in the absence of evidence to the contrary14 #ah4 ,increased penalties for knowing transfer of firearm without conducting a background check ,section #ibb7t77#e7 of title #ah1 ,united ,states ,code1 is amended by inserting before the period at the end the following3 in the case of the first violation and1 in the case of a subsequent violation1 shall immediately suspend or revoke any license issued to the licensee under section #ibc and impose on the licensee a civil fine equal to #bj1jjj4 #ai4 ,unlawful acts upon incurring ,federal disability or notice of license suspension1 revocation1 or denied renewal 7a7 ,restrictions ,section #ibb of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 7aa7 ,unlawful acts upon incurring ,federal disability or notice of license suspension1 revocation or denied renewal 7#a7 ,in general ,it shall be unlawful for a licensed importer1 licensed manufacturer1 licensed dealer1 licensed collector1 or licensed facilitator who incurs a disability imposed by ,federal laws with respect to the acquisition1 receipt1 transfer1 shipment1 transportation1 or possession of firearms or ammunition during the term of a license issued under this chapter or while an application to renew such a license is pending1 or who has been notified by the ,attorney ,general that a license issued to the licensee under this chapter has been suspended or revoked or that an application of the licensee to renew such a license has been denied1 to-- 7,a7 transfer a business inventory firearm-- 7i7 into the personal collection of the licensee2 or 7ii7 to any person other than a licensee under this chapter or a ,federal1 ,state1 or local law enforcement agency2 or 7,b7 receive a business inventory firearm4 7#b7 ,waiver ,upon a showing by a licensee of good cause1 the ,attorney ,general may issue a written waiver of paragraph 7#a7 if the licensee authorizes the ,attorney ,general to inspect the records and inventory of the licensee at any time to ensure that the licensee is in compliance with this chapter4 4 7b7 ,penalties ,section #ibd7;a7 of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 7#i7 ,whoever knowingly violates section #ibb7;aa7 shall be fined under this title1 imprisoned for not more than #a year1 or both4 4 7c7 ,notice requirement ,section #ibc7;f77#a7 of title #ah1 ,united ,states ,code1 is amended1 in the first sentence1 by inserting before the period at the end the following3 and setting forth the provisions of ,federal law and regulation that prohibit a person not licensed under this chapter from engaging in the business of dealing in firearms and the restrictions set forth in section #ibb7;aa74 #bj4 ,regulation of facilitators of firearm transfers 7a7 ,licensing ,section #ibc7;a7 of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 7#d7 ,if the applicant is a facilitator of firearm sales1 purchases1 or other transfers1 a fee of #a1jjj per year4 4 7b7 ,completed facilitated sales ,section #ibc of title #ah1 ,united ,states ,code1 as amended by section #e1 is amended by adding at the end the following3 7n7 ,duties of facilitators 7#a7 ,in general ,a licensed facilitator shall-- 7,a7 inform each prospective seller using the commercial marketplace of the licensed facilitator that any offer for firearm sales1 purchases1 or other transfers made using the commercial marketplace may be completed only with the assistance of a licensed importer1 licensed manufacturer1 or licensed dealer1 who must take possession of the firearm directly from the transferor for the purpose of complying with section #ibb7t72 7,b7 require each prospective firearm seller using the commercial marketplace of the licensed facilitator to complete each firearm sale1 purchase1 or other transfer as described in subparagraph 7,a72 and 7,c7 maintain records of any sale1 purchase1 or other transfer described in subparagraph 7,a71 which shall include-- 7i7 the date of the offer2 7ii7 the name of the offeror2 7iii7 the name and the licensee number of the licensee that will take possession of the firearm directly from the transferor2 and 7iv7 the model1 serial number1 type1 and caliber or gauge of the firearm involved4 7#b7 ,advance identification of licensed dealer ,a licensed facilitator may require a prospective seller1 as a condition of using the commercial marketplace of the licensed facilitator1 to1 before offering a firearm for sale1 identify a licensed dealer that will take possession of the firearm and complete the sale4 7#c7 ,licensee compliance ,on taking possession of a firearm sold1 purchased1 or otherwise transferred in a commercial marketplace of a licensed facilitator1 a licensee shall comply with all requirements of this chapter as if the licensee were transferring the firearm from the inventory of the licensee to the unlicensed transferee4 4 7c7 ,liability ,section #ibd7;h7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by inserting 7#a7 before ,whoever2 and 7#b7 by adding at the end the following3 7#b7 ,whoever1 having accepted an offer to transfer ownership of a firearm using a commercial marketplace of a licensed facilitator in order to complete a firearm transaction as described in subsection 7n77#a71 knowingly transfers the firearm to a person not licensed under this chapter without a licensed importer1 licensed manufacturer1 or licensed dealer first taking possession of the firearm for the purpose of complying with section #ibb7t7-- 7,a7 except as provided in subparagraph 7,b71 shall be fined under this title1 imprisoned for not more than #a year1 or both2 or 7,b7 if transfer of the firearm to1 or receipt of the firearm by1 the transferee violates subsection 7d71 7g71 or 7n7 of section #ibb1 or the firearm is used to commit a crime of violence 7as defined in section 7c77#c7 of this section7 or drug trafficking crime 7as defined in subsection 7c77#b7 of this section71 shall be fined under this title1 imprisoned not more than #aj years1 or both4 4 7d7 ,conforming amendments ,chapter #dd of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in section #ibb-- 7,a7 in subsection 7a7-- 7i7 in paragraph 7#a7-- 7,i7 in subparagraph 7,a71 by striking or at the end2 7,,ii7 in subparagraph 7,b71 by adding or at the end2 and 7,,iii7 by adding at the end the following3 7,c7 except a licensed facilitator1 to engage in the business of hosting a commercial marketplace in which offers for firearm sales1 purchases1 or other transfers are allowed to be made2 2 and 7ii7 in paragraph 7#f7-- 7,i7 by striking or licensed collector and inserting licensed collector1 or licensed facilitator2 and 7,,ii7 by striking or collector and inserting collector1 or facilitator2 and 7,b7 in subsection 7m71 by striking or licensed collector and inserting licensed collector1 or licensed facilitator2 7#b7 in section #ibc-- 7,a7 in subsection 7c77#a71 as so designated by section #ab of this ,act1 in the first sentence1 by inserting or facilitate firearm sales1 purchases1 or other transfers before during the period stated in the license2 7,b7 in subsection 7g77#a77;,a7-- 7i7 in the first sentence1 by striking and licensed dealer and inserting licensed dealer1 and licensed facilitator2 and 7ii7 in the last sentence1 by inserting licensed facilitator1 before or any licensed importer2 and 7,c7 in subsection 7j71 in the first sentence1 by striking or licensed dealer and inserting licensed dealer1 or licensed facilitator2 and 7#c7 in section #ibd7;a77#c71 as amended by section #g-- 7,a7 in subparagraph 7,a71 in the matter preceding clause 7i71 by striking or licensed collector and inserting licensed collector1 or licensed facilitator2 and 7,b7 in subparagraph 7,b71 by striking or licensed collector and inserting licensed collector1 or licensed facilitator4 #ba4 ,dealer and employee background checks 7a7 ,requirements 7#a7 ,background checks required before issuance or renewal of dealers license ,section #ibc7;c77#a7 of title #ah1 ,united ,states ,code1 as so designated by section #ab of this ,act1 is amended by inserting after the first sentence the following3 ,notwithstanding the preceding sentence1 the ,attorney ,general may not issue or renew a license unless the ,attorney ,general has contacted the national instant criminal background check system established under section #ajc of the ,brady ,handgun ,violence ,prevention ,act 7#cd ,u4,s4,c4 #djija7 to determine whether it would be unlawful for the applicant1 or any employee of the applicant identified by the applicant on the application as trusted with the possession or receipt of any firearm1 to be transferred or receive a firearm1 and the system has notified the ,attorney ,general that the information available to the system does not demonstrate that the transfer to or receipt of a firearm by the applicant or any such employee would violate subsection 7d71 7g71 or 7n7 7as applicable7 of section #ibb or ,state1 local1 or ,tribal law where the business premises of the applicant subject to the license is located4 7#b7 ,background check required before firearm possession by dealer employee ,section #ibc7;g7 of title #ah1 ,united ,states ,code1 as amended by section #g of this ,act1 is amended by adding at the end the following3 7#aa7 ,a licensed dealer may not allow an employee to possess a firearm at a premises from which the licensed dealer conducts business subject to license under this chapter1 unless-- 7,a7 the employee is at least the minimum age required by ,state and local law to possess or receive a firearm2 7,b7 the licensed dealer has contacted the national instant criminal background check system established under section #ajc of the ,brady ,handgun ,violence ,prevention ,act 7#cd ,u4,s4,c4 #djija7 to determine whether transfer of a firearm to1 or receipt of a firearm by1 the individual would be unlawful2 and 7,c7 the system has notified the licensee that the information available to the system does not demonstrate that the transfer of a firearm to1 or receipt of a firearm by1 the individual would violate subsection 7d71 7g71 or 7n7 7as applicable7 of section #ibb or ,state1 local1 or ,tribal law4 4 7b7 ,authority of ,,nics system ,to respond to licensed dealer request for criminal background check of employee or applicant for employment ,section #ajc7;b77#b7 of the ,brady ,handgun ,violence ,prevention ,act 7#cd ,u4,s4,c4 #djija7;b77#b77 is amended-- 7#a7 in the heading1 by striking ,voluntary and inserting ,compulsory2 and 7#b7 in subparagraph 7,a71 by striking voluntarily4 7c7 ,authority of ,,nics system ,to search national data exchange ,section #ajc7;e77#a7 of the ,brady ,handgun ,violence ,prevention ,act 7#cd ,u4,s4,c4 #djija7;e77#a77 is amended by adding at the end the following3 7,l7 ,search of national data exchange database ,the system established under this section shall include a search of the database of the ,national ,data ,exchange when conducting a background check under this section4 4 #bb4 ,liability standards 7a7 ,liability in licensing ,section #ibc of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7d77#a77;,d71 by striking willfully and inserting knowingly2 and 7#b7 in subsection 7e71 by striking willfully each place it appears and inserting knowingly4 7b7 ,liability in penalties ,section #ibd of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#a77;,d71 by striking willfully and inserting knowingly2 and 7#b7 in subsection 7d77#a71 by striking willful and inserting knowing4 #bc4 ,civil enforcement 7a7 ,fines for engaging in the business without a license ,section #ibd7n7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by inserting 7#a7 after 7n72 and 7#b7 by adding at the end the following3 7#b7 ,if the ,attorney ,general finds that a person has engaged in conduct that constitutes a violation of section #ibb7;a77#a77;,a71 the ,attorney ,general shall-- 7,a7 transmit to the person a written notice specifying the violation1 which shall include a copy of the provision of law violated2 and 7,b7 impose on the person a civil penalty in an amount that is not less than #b1ejj and not more than #bj1jjj4 4 7b7 ,tiered penalties for repeated violations of regulations by licensed dealers ,section #ibd of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 7q7 ,penalties relating to violations of regulations by licensed dealers 7#a7 ,in general ,if the ,attorney ,general finds a licensed dealer to be in violation of a regulation prescribed under section #ibf1 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 first such violation 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 regulation violated2 7ii7 in the case of the second such violation by the licensed dealer1 if not preceded by a violation to which subparagraph 7,b7 applies1 impose a civil penalty in an amount that is not less than #b1ejj and not more than #bj1jjj2 7iii7 in the case of the third 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 fourth such violation by the licensed dealer1 whether or not preceded by a violation to which subparagraph 7,b7 applies1 revoke the 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 gross negligence by the licensed dealer-- 7i7 in the case of the first such violation by the licensed dealer1 impose a civil penalty in an amount that is not less than #b1ejj and not more than #bj1jjj2 7ii7 in the case of the second such violation by the licensed dealer-- 7,i7 impose a civil penalty in an amount equal to #bj1jjj2 and 7,,ii7 suspend the license to deal in firearms issued to the licensed dealer under this chapter until the violation ceases2 or 7iii7 in the case of the third such violation by the licensed dealer1 revoke the license to deal in firearms issued to the licensed dealer under this chapter4 7#b7 ,suspension of license ,in the case of any violation described in paragraph 7#a71 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 firearms issued to the licensed dealer under this chapter and secure the firearms inventory of the licensed dealer1 until the violation ceases1 unless the appropriate penalty under paragraph 7#a7 is revocation of the license1 in which case the ,attorney ,general shall immediately revoke the license and secure the firearms inventory of the licensed dealer4 4 #bd4 ,removal of bar on civil proceedings if criminal proceedings terminated ,section #ibc7;f7 of title #ah1 ,united ,states ,code1 is amended by striking paragraph 7#d74 #be4 ,repeal of certain limitations 7a7 ,limitations related to use of firearms trace data 7#a7 ,fiscal year #bjab ,the matter under the heading ,salaries and ,expenses under the heading ,bureau of ,alcohol1 ,tobacco1 ,firearms and ,explosives in title ,,ii 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 #fji7 is amended by striking the sixth proviso4 7#b7 ,fiscal year #bjaj ,the sixth proviso under the heading ,salaries and ,expenses under the heading ,bureau of ,alcohol1 ,tobacco1 ,firearms and ,explosives in title ,,ii of division ,b of the ,consolidated ,appropriations ,act1 #bjaj 7,public ,law #aaa-aag2 #abc ,stat4 #cabh7 is amended by striking beginning in fiscal year #bjaj and thereafter and inserting in fiscal year #bjaj4 7#c7 ,fiscal year #bjji ,the sixth proviso under the heading ,salaries and ,expenses under the heading ,bureau of ,alcohol1 ,tobacco1 ,firearms and ,explosives in title ,,ii of division ,b of the ,omnibus ,appropriations ,act1 #bjji 7,public ,law #aaa-h2 #abc ,stat4 #ege7 is amended by striking beginning in fiscal year #bjji and thereafter and inserting in fiscal year #bjji4 7#d7 ,fiscal year #bjjh ,the sixth proviso under the heading ,salaries and ,expenses under the heading ,bureau of ,alcohol1 ,tobacco1 ,firearms and ,explosives in title ,,ii of division ,b of the ,consolidated ,appropriations ,act1 #bjjh 7,public ,law #aaj-afa2 #aba ,stat4 #aijc7 is amended by striking beginning in fiscal year #bjjh and thereafter and inserting in fiscal year #bjjh4 7#e7 ,fiscal year #bjjf ,the sixth proviso under the heading ,salaries and ,expenses under the heading ,bureau of ,alcohol1 ,tobacco1 ,firearms and ,explosives in title ,i of the ,science1 ,state1 ,justice1 ,commerce1 and ,related ,agencies ,appropriations ,act1 #bjjf 7,public ,law #aji-ajh2 #aai ,stat4 #bbie7 is amended by striking with respect to any fiscal year4 7#f7 ,fiscal year #bjje ,the sixth proviso under the heading ,salaries and ,expenses under the heading ,bureau of ,alcohol1 ,tobacco1 ,firearms and ,explosives in title ,i of division ,b of the ,consolidated ,appropriations ,act1 #bjje 7,public ,law #ajh-ddg2 #aah ,stat4 #bhei7 is amended by striking with respect to any fiscal year4 7#g7 ,fiscal year #bjbc ,section #fdd of division ,j of the ,consolidated ,appropriations ,resolution1 #bjjc 7#e ,u4,s4,c4 #eeb note2 ,public ,law #ajh-g2 #aag ,stat4 #dgc7 is amended by striking or any other ,act with respect to any fiscal year4 7b7 ,limitations relating to consolidating and centralizing records ,the first proviso under the heading ,salaries and ,expenses under the heading ,bureau of ,alcohol1 ,tobacco1 ,firearms and ,explosives in title ,,ii 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 #fji7 is amended by striking or hereafter4 7c7 ,requirement ,to destroy instant criminal background check records within #bd hours ,section #eaa of division ,b of the ,consolidated and ,further ,continuing ,appropriations ,act1 #bjab 7#cd ,u4,s4,c4 #djija note2 ,public ,law #aab-ee2 #abe ,stat4 #fcb7 is amended-- 7#a7 by striking -- and all that follows through 7#a72 and 7#b7 by striking the semicolon and all that follows and inserting a period4 #bf4 ,authority to hire additional industry operation investigators for ,bureau of ,alcohol1 ,tobacco1 ,firearms1 and ,explosives ,the ,attorney ,general may hire #fej industry operation investigators for the ,bureau of ,alcohol1 ,tobacco1 ,firearms1 and ,explosives1 to be distributed among the various field divisions to match the number and distribution of persons licensed under chapter #dd of title #ah1 ,united ,states ,code1 in addition to any personnel needed to carry out this ,act and the amendments made by this ,act and any industry operation investigators authorized by other law4 #bg4 ,report on implementation of this ,act ,not later than #b years after the date of enactment of this ,act1 the ,attorney ,general shall submit to ,congress and publish on the website of the ,department of ,justice a written report on the implementation of this ,act and the amendments made by this ,act1 including any steps needed to complete the implementation1 which shall identify any additional resources that are required to-- 7#a7 conduct regular inspections under chapter #dd of title #ah1 ,united ,states ,code2 and 7#b7 ensure that this ,act and the amendments made by this ,act are enforced against noncompliant federally licensed firearms dealers in a timely manner4 #bh4 ,annual licensed dealer inspections report and analysis 7a7 ,in general ,not later than #b years after the date of enactment of this ,act1 and annually thereafter1 the ,attorney ,general shall submit to ,congress and publish on the website of the ,department of ,justice a report that contains the information described in subsection 7b7 with respect to-- 7#a7 the preceding #b-year period1 in the case of the first report2 or 7#b7 the preceding year1 in the case of each subsequent report4 7b7 ,contents ,each report under subsection 7a7 shall state1 with respect to the applicable reporting period-- 7#a7 the number of inspections or examinations conducted of ,type #ja1 ,type #jb1 and ,type #jg ,federal firearm licensees 7dealers1 pawnbrokers1 and manufacturers1 respectively7 by each field division of the ,bureau of ,alcohol1 ,tobacco1 ,firearms1 and ,explosives1 including by the number of inspections or examinations of high-risk dealers and non-high-risk dealers 7as those terms are used in clause 7ii7 of section #ibc7;g77#a77;,b7 of title #ah1 ,united ,states ,code1 as added by section #aa of this ,act72 7#b7 the number of security inspections under subparagraph 7,b7 of section #ibc7;g77#f7 of title #ah1 ,united ,states ,code1 as added by section #aa of this ,act1 prompted by dealer reports of lost or stolen firearms under subparagraph 7,a7 of such section #ibc7;g77#f71 as so designated by section #aa of this ,act1 and the number of follow-up security inspections conducted during the #f-month period following a security inspection revealing a violation2 7#c7 the average amount of time spent on-- 7,a7 inspections or examinations of high-risk dealers 7as described in paragraph 7#a772 7,b7 inspections or examinations of non-high-risk dealers 7as described in paragraph 7#a772 7,c7 security inspections 7as described in paragraph 7#b772 and 7,d7 follow-up security inspections 7as described in paragraph 7#b772 and 7#d7 an analysis of the most frequently cited violations and corrective actions or penalties imposed in each inspection or examination described in paragraph 7#a7 or security inspection described in paragraph 7#b71 including-- 7,a7 the number of licenses recommended to be suspended or revoked2 7,b7 the number of licensees sent notices of suspension or revocation2 7,c7 the number of hearings requested by licensees on receipt of a notice of suspension or revocation2 7,d7 the number of suspension or revocation hearings initiated during a prior #ab-month period that remain ongoing during the #ab-month period covered by the report2 and 7,e7 the decision ultimately rendered in each such matter by the ,director of the ,bureau of ,alcohol1 ,tobacco1 ,firearms1 and ,explosives4 #bi4 ,deadline for issuance of final regulations ,not later than #b years after the date of enactment of this ,act1 the ,attorney ,general shall prescribe all regulations required to carry out this ,act and the amendments made by this ,act4