Text: H.R.431 — 113th Congress (2013-2014)All Bill Information (Except Text)

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Introduced in House (01/25/2013)


113th CONGRESS
1st Session
H. R. 431

To restore certain authorities of the Bureau of Alcohol, Tobacco, Firearms, and Explosives to administer the firearms laws, and for other purposes.


IN THE HOUSE OF REPRESENTATIVES
January 25, 2013

Ms. Speier (for herself, Mr. Bishop of New York, Ms. Bonamici, Mr. Cicilline, Ms. Clarke, Mr. Conyers, Mr. Ellison, Mr. Farr, Mr. Grijalva, Ms. Norton, Mr. Holt, Ms. Matsui, Mr. Meeks, Ms. Pingree of Maine, Ms. Schakowsky, Ms. Schwartz, Ms. Slaughter, and Mr. Van Hollen) introduced the following bill; which was referred to the Committee on the Judiciary


A BILL

To restore certain authorities of the Bureau of Alcohol, Tobacco, Firearms, and Explosives to administer the firearms laws, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short title.

This Act may be cited as the “Gun Transparency and Accountability (Gun TRAC) Act of 2013”.

SEC. 2. Use of firearm trace information in civil proceedings.

Notwithstanding any other provision of law, the contents of the Firearms Trace System database maintained by the National Trace Center of the Bureau of Alcohol, Tobacco, Firearms and Explosives shall not be immune from legal process, shall be subject to subpoena or other discovery, shall be admissible as evidence, and may be used, relied on, or disclosed in any manner, and testimony or other evidence may be permitted based on the data, on the same basis as other information, in a civil action in any State (including the District of Columbia) or Federal court or in an administrative proceeding.

SEC. 3. Requirement to preserve instant criminal background check records for 90 days.

(a) In general.—Section 922(t)(2)(C) of title 18, United States Code, is amended by inserting “after the 90-day period that begins with the date the system complies with subparagraphs (A) and (B),” before “destroy”.

(b) Conforming amendment.—Section 511 of the Consolidated and Further Continuing Appropriations Act, 2012 (18 U.S.C. 922 note; Public Law 112–55; 125 Stat. 632) is amended—

(1) by striking “for—” and all that follows through “(1)”; and

(2) by striking the semicolon and all that follows and inserting a period.

SEC. 4. Elimination of limitation on imposition of requirement that firearms dealers to conduct physical check of firearms inventory.

The matter under the heading “Bureau of Alcohol, Tobacco, Firearms and Explosives—Salaries and Expenses” in title I of division B of the Consolidated and Further Continuing Appropriations Act, 2012 (18 U.S.C. 923 note; Public Law 112–55; 125 Stat. 609–610) is amended by striking the 7th proviso.

SEC. 5. Increased penalties for willful noncompliance with firearm licensee inventory reporting order.

Section 924(a) of title 18, United States Code, is amended by adding at the end the following:

“(8) Notwithstanding the preceding provisions of this subsection, a person licensed under this chapter who willfully violates an inventory reporting order issued under section 923(g)(1) shall be fined under this title, imprisoned not more than 5 years, or both.”.

SEC. 6. Ineligibility for Federal firearms license of person whose firearms license has been revoked.

Section 923(a) of title 18, United States Code, is amended by inserting after the 1st sentence the following: “The Attorney General may not accept such an application from a person whose license issued under this chapter has been revoked.”.