Summary and Impacts
Original Text

Bill Summary



The Crime Gun Tracing Modernization Act of 2020 is a bill that seeks to amend section 923 of title 18, United States Code. This amendment would require the National Tracing Center of the Bureau of Alcohol, Tobacco, Firearms and Explosives to create and maintain an electronic, searchable database of records related to firearms, such as importation, production, shipment, receipt, sale, or other disposition. This database must be established within 3 years of the bill's enactment and must be accessible to all licensed firearm dealers. The National Tracing Center would also have remote access to and may query or search the databases of state and political subdivision firearms registration and pawnbroker records systems. However, the database may only be used for specific purposes, such as obtaining information related to crimes or foreign intelligence. Additionally, the database must be electronically searchable by certain criteria but not by personally identifiable information. This amendment would take effect despite any other laws or restrictions.

Possible Impacts



1. The establishment of electronic, searchable databases for firearm records could make it easier for law enforcement to track and investigate crimes involving firearms. This could potentially lead to more successful prosecutions and a decrease in gun violence.

2. The provision that allows the National Tracing Center to access and search databases of firearms registration systems or pawnbroker records systems could raise concerns about privacy and government surveillance. This could potentially affect people's trust in the government and their willingness to register firearms.

3. The limitation on electronic searches by personally identifiable information could make it more difficult for law enforcement to track and investigate individuals who may be involved in illegal firearm activities. This could potentially lead to a decrease in successful investigations and prosecutions.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3348 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 3348

  To amend section 923 of title 18, United States Code, to require an 
    electronic, searchable database of the importation, production, 
       shipment, receipt, sale, or other disposition of firearms.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 27, 2020

   Mr. Leahy introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To amend section 923 of title 18, United States Code, to require an 
    electronic, searchable database of the importation, production, 
       shipment, receipt, sale, or other disposition of firearms.

    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 ``Crime Gun Tracing Modernization Act 
of 2020''.

SEC. 2. ELECTRONIC, SEARCHABLE DATABASES.

    Section 923(g) of title 18, United States Code, is amended by 
adding at the end the following:
    ``(8)(A) In this paragraph, the term `foreign intelligence 
information' has the meaning given the term in section 101 of the 
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).
    ``(B) Not later than 3 years after the date of enactment of this 
paragraph, the National Tracing Center of the Bureau of Alcohol, 
Tobacco, Firearms and Explosives shall establish and maintain 
electronic, searchable databases of all records within its possession 
of the importation, production, shipment, receipt, sale, or other 
disposition of firearms required to be submitted to the Bureau of 
Alcohol, Tobacco, Firearms and Explosives by persons licensed under 
this chapter.
    ``(C) Each licensee under this chapter may provide the National 
Tracing Center with electronic access, consistent with the requirements 
of this paragraph, to all records within the licensee's possession that 
are required to be kept under this chapter.
    ``(D) A licensee may voluntarily relinquish possession of any non-
electronic record required to be kept under this chapter to the Bureau 
of Alcohol, Tobacco, Firearms and Explosives.
    ``(E) The National Tracing Center--
            ``(i) shall have remote access to and may query, search, or 
        otherwise access the electronic databases described in this 
        paragraph; and
            ``(ii) may, with the permission of a State, or political 
        subdivision of a State, have remote access to, and may query, 
        search, or otherwise access the databases of the firearms 
        registration system or pawnbroker records system of the State 
        or political subdivision.
    ``(F) The National Tracing Center may query, search, or otherwise 
access the electronic databases described in this paragraph for only 
the following purposes:
            ``(i) To obtain information related to any Federal, State, 
        local, tribal, or foreign crime.
            ``(ii) To obtain information that is--
                    ``(I) foreign intelligence information; or
                    ``(II) necessary to understand, or assess the 
                importance of, foreign intelligence information.
    ``(G) The databases established under this paragraph--
            ``(i) shall be electronically searchable by date of 
        disposition, license number, and the information identified on 
        each firearm or other firearm descriptor, including the 
        manufacturer, importer, model, serial number, type, and caliber 
        or gauge;
            ``(ii) shall not be electronically searchable by the 
        personally identifiable information of any individual; and
            ``(iii) shall include in search results the entire contents 
        of the relevant records kept by the licensee.
    ``(H) This paragraph shall take effect notwithstanding any other 
provision of law, including any temporary or permanent restrictions 
placed on funds made available to the Bureau of Alcohol, Tobacco, 
Firearms and Explosives, or the Department of Justice.''.
                                 <all>