article: SECTION 1. SHORT TITLE. This Act may be cited as the ``So No Innocent Person Ever Repeats the Sniper Tragedy Act of 2003'' or the ``SNIPER Act of 2003''. SEC. 2. ENFORCING COMPLIANCE WITH RECORD KEEPING REQUIREMENTS. (a) Inspections.--Section 923(g)(1) of title 18, United States Code, is amended-- (1) in subparagraph (B)(ii)(I), by striking ``once'' and inserting ``4 times''; (2) in subparagraph (C)(i), by striking ``once'' and inserting ``4 times''; (3) by redesignating subparagraph (D) as subparagraph (E); and (4) by inserting after subparagraph (C), the following: ``(D) If a licensed importer, licensed manufacturer, licensed dealer, or licensed collector is found in violation of this chapter, or the related regulations, the Attorney General shall inspect or examine the inventory and records of such violator not less than once each year during the 3 years following such violation.''. (b) Ammunition Sales.--Section 923(g)(1)(A) is amended in the first sentence by striking ``firearms at his'' and inserting ``firearms and ammunition, except on .22 caliber rimfire ammunition, at such licensee's''. (c) Penalty Enhancement.--Section 924(a)(1) of title 18, United States Code, is amended-- (1) in subparagraph (C), by striking ``or'' at the end; (2) by redesignating subparagraph (D) as subparagraph (E); and (3) by inserting after subparagraph (C) the following: ``(D) willfully violates section 923(g); or''. SEC. 3. ENFORCEMENT ACTIONS AGAINST VIOLATORS OF FEDERAL FIREARMS LAWS. (a) Suspensions.--Section 924 of title 18, United States Code, as amended by section 2(c), is further amended by adding at the end the following: ``(q) A licensed importer, manufacturer, dealer, or collector who violates any provision of this chapter, or the related regulations, may be subject to-- ``(1) the revocation of any applicable license; ``(2) the suspension of any applicable license; or ``(3) a fine under this title.''. (b) Warning Letters; Notices; Fines.--Section 923(g) of title 18, United States Code, is amended by adding at the end the following: ``(8) If an inspection under paragraph (1) reveals that a licensee has violated any provision of this chapter, or the related regulations, the Attorney General shall-- ``(A) issue a warning letter to the alleged violator, and maintain a copy of such letter, along with any written report prepared by the inspector-- ``(i) in the files of the appropriate Director of Industry Operations; and ``(ii) at the headquarters of the Bureau of Alcohol, Tobacco, Firearms, and Explosives; ``(B) issue a notice of revocation of the license and conduct the appropriate proceedings; or ``(C) issue a notice of revocation, suspension, or imposition of a civil fine, and conduct the appropriate proceedings.''. (c) Timeliness of Enforcement Actions.--The Attorney General shall, by regulation, require the Director of Industry Operations of the Bureau of Alcohol, Tobacco, Firearms, and Explosives to issue a final decision within 120 days from the date on which a notice of revocation, suspension, or imposition of a civil fine is mailed to a licensee (as that term is defined in section 103(j)(1) of the Brady Handgun Violence Prevention Act (18 U.S.C. 922 note). (d) Judicial Stays of Enforcement Actions.--Section 923(f)(3) of title 18, United States Code, is amended by striking the period at the end of the first sentence and inserting ``, and shall not postpone the effective date of such decision unless so ordered by a United States district court judge or magistrate who has jurisdiction over the matter.''. (e) Enforcement Action not Dependent Upon Criminal Conviction.-- Section 923(f) of title 18, United States Code, is amended by striking paragraph (4). SEC. 4. RESTRICTION OF GUN SALES TO IN-STATE RESIDENTS. Section 922(b)(3) of title 18, United States Code, is amended by striking ``(A) shall not apply'' and all that follows through ``and (B)''. SEC. 5. BALLISTICS TESTING OF FIREARMS. (a) Short Title.--This section may be cited as the ``Technological Resource to Assist Criminal Enforcement Act'' or the ``TRACE Act''. (b) Purposes.--The purposes of this section are-- (1) to increase public safety by assisting law enforcement in solving more gun-related crimes and offering prosecutors evidence to link felons to gun crimes through ballistics technology; (2) to provide for ballistics testing of all new firearms for sale to assist in the identification of firearms used in crimes; (3) to require ballistics testing of all firearms in custody of Federal agencies to assist in the identification of firearms used in crimes; and (4) to add ballistics testing to existing firearms enforcement programs. (c) Definition of Ballistics.--Section 921(a) of title 18, United States Code, is amended by adding at the end the following: ``(36) Ballistics.--The term `ballistics' means a comparative analysis of fired bullets and cartridge casings to identify the firearm from which bullets and cartridge casings were discharged, through identification of the unique markings that each firearm imprints on bullets and cartridge casings.''. (d) Test Firing and Automated Storage of Ballistics Records.-- (1) Amendment.--Section 923 of title 18, United States Code, is amended by adding at the end the following: ``(m)(1) In addition to the other licensing requirements under this section, a licensed manufacturer or licensed importer shall-- ``(A) test fire firearms manufactured or imported by such licensees as specified by the Attorney General by regulation; ``(B) prepare ballistics images of the fired bullet and cartridge casings from the test fire; ``(C) make the records available to the Attorney General for entry into the electronic database established under paragraph (3)(B); and ``(D) store the fired bullet and cartridge casings in such a manner and for such a period as specified by the Attorney General by regulation. ``(2) Nothing in this subsection creates a cause of action against any Federal firearms licensee or any other person for any civil liability except for imposition of a civil penalty under this section. ``(3)(A) The Attorney General shall assist firearm manufacturers and importers in complying with paragraph (1) by-- ``(i) acquiring, installing, and upgrading ballistics equipment and bullet and cartridge casing recovery equipment to be placed at locations readily accessible to licensed manufacturers and importers; ``(ii) hiring or designating sufficient personnel to develop and maintain a database of ballistics images of fired bullets and cartridge casings, research, and evaluation; ``(iii) providing education about the role of ballistics as part of a comprehensive firearm crime reduction strategy; ``(iv) providing for the coordination among Federal, State, and local law enforcement and regulatory agencies and the firearm industry to curb firearm-related crime and illegal firearm trafficking; and ``(v) taking other necessary steps to make ballistics testing effective. ``(B) The Attorney General shall-- ``(i) establish an electronic database-- ``(I) through which State and local law enforcement agencies can promptly access the ballistics records stored under this subsection, as soon as such capability is available; and ``(II) that shall not include any identifying information regarding dealers, collectors, or purchasers of firearms; and ``(ii) require training for all ballistics examiners. ``(4) The Attorney General shall conduct mandatory ballistics testing of all firearms obtained or in the possession of their respective agencies. ``(5) Not later than 3 years after the date of enactment of this subsection, and annually thereafter, the Attorney General shall submit to the Committees on the Judiciary of the Senate and the House of Representatives a report regarding the implementation of this section, including-- ``(A) the number of Federal and State criminal investigations, arrests, indictments, and prosecutions of all cases in which access to ballistics records, provided under the system established under this section and under similar systems operated by any State, served as a valuable investigative tool in the prosecution of gun crimes; ``(B) the extent to which ballistics records are accessible across jurisdictions; and ``(C) a statistical evaluation of the test programs conducted pursuant to paragraph (4). ``(6) There are authorized to be appropriated to the Department of Justice $20,000,000 for each of the fiscal years 2005 through 2008 to carry out this subsection, to be used to-- ``(A) install ballistics equipment and bullet and cartridge casing recovery equipment; ``(B) establish sites for ballistics testing; ``(C) pay salaries and expenses of necessary personnel; and ``(D) conduct related research and evaluation.''. (2) Effective date.-- (A) In general.--Except as provided in subparagraphs (A) and (B), the amendment made by paragraph (1) shall take effect on the date on which the Attorney General, in consultation with the Board of the National Integrated Ballistics Information Network, certifies that the ballistics system used by the Department of Justice is sufficiently developed to support mandatory ballistics testing of new firearms. (B) Ballistics testing.--Section 923(m)(1) of title 18, United States Code, as added by paragraph (1), shall take effect 2 years after the date of enactment of this Act. (C) Effective on date of enactment.--Section 923(m)(4) of title 18, United States Code, as added by paragraph (1), shall take effect on the date of enactment of this Act. (e) Privacy Rights of Law Abiding Citizens.--Ballistics information of individual guns in any form or database established by this section may not be used for prosecutorial purposes unless law enforcement officials have a reasonable belief that a crime has been committed and that ballistics information would assist in the investigation of that crime. SEC. 6. ADDITIONAL FUNDING FOR THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES. (a) Gun Crime Task Forces.-- (1) In general.--The Attorney General shall establish, within each field division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, a group of inspectors, agents, and support personnel to be known as the ``gun crime task force''. (2) Purpose.--The gun crime task forces established pursuant to paragraph (1) shall investigate, and assist in the regulation of, and if appropriate, the prosecution of, licensees (as that term is defined in section 103(j)(1) of the Brady Handgun Violence Prevention Act (18 U.S.C. 922 note)) and unlicensed dealers, who are suspected of violating chapter 44 or 96 of title 18, United States Code. (b) Authorization of Appropriations.-- (1) Gun crime task forces.--There are authorized to be appropriated $10,000,000 for each of the fiscal years 2005 through 2008 to carry out the provisions of subsection (a). (2) Industry operations.--There are authorized to be appropriated $25,000,000 for each of the fiscal years 2005 through 2008 to employ additional inspectors, regulators, and employees in the Industry Operations field divisions of the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
summary: So No Innocent Person Ever Repeats the Sniper Tragedy Act of 2003 (SNIPER Act of 2003) - Amends the Brady Handgun Violence Prevention Act to: (1) authorize the Secretary of the Treasury to inspect the inventory and records of a licensed importer, manufacturer, or dealer without reasonable cause or warrant not more than four times (currently, once) during any 12-month period; and (2) require such persons to maintain records of disposition of ammunition, except on .22 caliber rimfire ammunition. Provides for enhanced penalties for violations. Subjects violators to revocation or suspension of any applicable license or a fine. Directs the Attorney General to send warning letters to alleged violators, issue notices of revocation, suspension, or imposition of a civil fine, and conduct proceedings, as appropriate. Repeals an exemption from Brady Act requirements involving gun sales to instate residents. Technological Resource to Assist Criminal Enforcement Act (TRACE Act) - Amends the Brady Act to require a licensed manufacturer or importer to: (1) test fire firearms manufactured or imported by certain licensees; (2) prepare ballistics images of the fired bullet and cartridge casings; (3) make the records available to the Attorney General for entry into an electronic database (established by this Act); and (4) store the fired bullet and cartridge casings as specified. Directs the Attorney General to: (1) conduct mandatory ballistics testing of all firearms in the custody of Federal agencies; and (2) establish, within each Bureau of Alcohol, Tobacco, Firearms, and Explosives field division, a gun crime task force.