S.2338 - ENFORCE Act106th Congress (1999-2000)
|Sponsor:||Sen. Schumer, Charles E. [D-NY] (Introduced 03/30/2000)|
|Committees:||Senate - Judiciary|
|Latest Action:||Senate - 03/30/2000 Read twice and referred to the Committee on the Judiciary. (All Actions)|
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Summary: S.2338 — 106th Congress (1999-2000)All Information (Except Text)
Effective National Firearms Objectives for Responsible, Common-sense Enforcement Act of 2000 (ENFORCE Act) - Title I: Criminal Gun Trafficker Apprehension - Amends the Brady Handgun Violence Prevention Act (the Act) to provide that it shall be presumed that the intent underlying the sale or disposition of a firearm is predominantly one of obtaining livelihood and pecuniary gain if a person transfers more than 50 firearms during any 12-month period, or more than 30 firearms in any 30-day period, excluding any infrequent transfer of a firearm by gift, bequest, intestate succession, or other means by an individual to a parent, child, grandparent, or grandchild.
Introduced in Senate (03/30/2000)
(Sec. 102) Requires that a firearms licensee, as a condition of obtaining a license to deal in firearms or ammunition (license), operate from a fixed premise (other than a private residence) primarily devoted to the sale of firearms and conspicuously designated to the public as such.
(Sec. 103) Prohibits a licensed importer, manufacturer, or dealer, beginning on the date on which the Secretary of the Treasury issues final regulations, from storing any firearm on a premises in a manner other than in accordance with those regulations. Directs the Secretary, in promulgating such regulations, to consider the type and quantity of the firearms to be stored, and the standards of safety and security recognized in the firearms industry. Authorizes the Secretary, after notice and opportunity for hearing, to suspend or revoke a license, or to subject the licensee to a civil penalty of up to $10,000, or both, for knowingly violating this prohibition. Limits review of the Secretary's actions.
Requires that the firearms inventory of the business be stored in compliance with the regulations not later than 30 days after the application is approved.
(Sec. 104) Prohibits a common or contract carrier from failing to report the theft or loss of a firearm to the Secretary and to the appropriate authorities within 48 hours after discovery. Authorizes the Secretary to impose a civil fine of up to $10,000 for knowingly violating this prohibition.
Title II: Criminal Gun Dealer Detection - Amends the Act to authorize the Secretary to inspect or examine the records of a licensed importer, manufacturer, or dealer without reasonable cause or warrant for ensuring compliance with record- keeping requirements not more than four times (currently, once) during any 12-month period, or as otherwise specified in the Act.
(Sec. 202) Provides that a personal collection of firearms of a licensed manufacturer, importer, or dealer shall be considered part of the business inventory of the licensee (thus making disposal of such collection subject to regulation), with an exception for the infrequent transfer of a firearm by gift, bequest, intestate succession, or other means from the personal collection of firearms of a licensee to a parent, child, grandparent, or grandchild.
(Sec. 203) Amends the Act to authorize the Secretary, after notice and opportunity for hearing, to: (1) suspend or revoke a license, subject the licensee to a civil penalty of not more than $10,000 per violation, or both, if the holder of such license has willfully violated the Act or any rule or regulation prescribed by the Secretary thereunder; and (2) suspend or revoke the license, assess a civil penalty of not more than $10,000, or both, with respect to a dealer who willfully transfers armor piercing ammunition.
Authorizes the Secretary, at any time, to compromise, mitigate, or remit the liability regarding any willful violation or any rule or regulation prescribed by the Secretary thereunder.
Sets forth provisions regarding rights of applicants and licensees with respect to notice requirements and the appeals process.
Title III: Violent Felon Gun Ban Enforcement- Amends the Federal criminal code (the code) to: (1) deny natural persons the opportunity to seek administrative relief from prohibitions against possessing, shipping, transporting, or receiving firearms or ammunition; and (2) require publication of additional information about such administrative relief granted to any person.
(Sec. 302) Prohibits the possession of, or transactions in, firearms by any natural person convicted of a serious drug offense or violent felony, regardless of expungement of the conviction or restoration of other civil rights, subject to specified limitations.
Title IV: Intensive Gun Violence Reduction Strategy and Project Exile Implementation - Subtitle A: Funding Provisions - Authorizes appropriations for the improvement of the national instant criminal background check system, including improvements to criminal justice records as specified in the Omnibus Crime Control and Safe Streets Act of 1968 and to records required by the Attorney General under the Brady Act for the purpose of implementing that Act.
(Sec. 402) Amends the Violent Crime Control and Law Enforcement Act of 1994 (VCCLEA) to authorize the Attorney General to make grants to State or local law enforcement agencies for the purpose of improving the organization of criminal records, including records relating to convictions for crimes of domestic violence and restraining orders relating to domestic violence, and the reporting of such records to the national instant criminal background check system. Sets forth provisions regarding permissible uses of grant funds, application and matching requirements, grant awards, and reporting requirements. Authorizes appropriations.
(Sec. 403) Authorizes appropriations for the hiring of 600 firearms agents and inspectors for the Bureau of Alcohol, Tobacco and Firearms.
(Sec. 404) Amends the VCCLEA to authorize the Attorney General to make grants to State, Indian tribal, or local prosecutors for the purpose of supporting the creation or expansion of community-based justice programs for the prosecution of firearm-related crimes. Sets forth provisions regarding permissible uses of grant funds, application and matching requirements, grant awards, and reporting requirements. Authorizes appropriations.
(Sec. 405) Directs the Attorney General to: (1) hire 114 additional Federal prosecutors to prosecute violations of Federal firearms laws; and (2) establish in each of the jurisdictions not more than 20 areas designated by the Attorney General as having high rates of firearm-related crime a gun enforcement team.
(Sec. 406) Directs the Secretary to expand: (1) to 50 the number of city and county law enforcement agencies that through the Youth Crime Gun Interdiction Initiative (YCGII) submit to the Secretary identifying information relating to the types and origins of all firearms recovered during law enforcement investigations, including from individuals under 25; and (2) the resources devoted to law enforcement investigations of illegal youth possessors and users and of illegal firearms traffickers identified through YCGII.
Directs the Secretary to: (1) select cities and counties for participation in the program; and (2) establish a system through which State and local law enforcement agencies, through on-line computer technology, can promptly provide firearms-related information to the Secretary and access information derived through YCGII as soon as such capability is available.
Sets forth reporting requirements. Authorizes appropriations.
(Sec. 407) Amends the VCCLEA to authorize the Attorney General to make grants to public or private nonprofit entities for the purpose of supporting the creation or expansion of local anti-gun violence media campaigns. Sets forth provisions regarding permissible uses of funds, and application and matching requirements. Authorizes appropriations.
(Sec. 408) Directs the Attorney General to carry out a program for the research and development of smart gun technology. Authorizes appropriations.
Subtitle B: Ballistics Testing - Prohibits a licensed manufacturer or importer from transferring a firearm to any person before: (1) test firing the firearm; (2) preparing forensic ballistics records of the fired bullet and cartridge casings; and (3) making the records available to the Secretary for entry in a computerized database.
Authorizes the Secretary, after notice and opportunity for hearing, for each violation by a licensed manufacturer or importer, to suspend the license for up to one year or revoke the license, impose on the licensee a civil fine of not more than $10,000, or both. Limits review of the Secretary's action.
Directs the Attorney General and the Secretary to assist licensed firearm manufacturers and importers in complying with this section through: (1) the acquisition, disposition, and upgrades of computerized forensic ballistics equipment and bullet recovery equipment to be placed at the sites of licensed manufacturers and importers or at regional firearm centers established by the Secretary; and (2) the hiring or designation of personnel necessary to develop and maintain a database of forensic ballistics records, research, and evaluation.
Requires the Attorney General and the Secretary to establish a system through which State and local law enforcement agencies, through online computer technology, can promptly access forensic ballistics records, as soon as the capability to do so is available. Sets forth reporting requirements.
Directs the Attorney General and the Secretary to work cooperatively with representatives of the firearm industry to: (1) provide education about the role of forensic ballistics as part of a comprehensive firearm crime reduction strategy; and (2) provide for coordination among Federal, State, and local law enforcement and regulatory agencies and the firearm industry to curb firearm-related crime and illegal firearm trafficking. Sets forth provisions regarding areas of concentrated efforts, and annual reports and evaluation. Authorizes appropriations.
Directs the Secretary and the Attorney General to conduct mandatory forensic ballistics testing of all firearms that are or have been taken into the custody of, or procured or utilized by, their respective agencies. Authorizes appropriations. Sets forth reporting requirements.