Regulation of facilitators of firearm transfers

(a) Licensing Section 923(a) of title 18, United States Code, is amended by adding at the end the following: (4) If the applicant is a facilitator of firearm sales, purchases, or other transfers, a fee of $1,000 per year.. (b) Completed facilitated sales Section 923 of title 18, United States Code, as amended by section 5, is amended by adding at the end the following: (n) Duties of facilitators (1) In general A licensed facilitator shall— (A) inform each prospective seller using the commercial marketplace of the licensed facilitator that any offer for firearm sales, purchases, or other transfers made using the commercial marketplace may be completed only with the assistance of a licensed importer, licensed manufacturer, or licensed dealer, who must take possession of the firearm directly from the transferor for the purpose of complying with section 922(t); (B) require each prospective firearm seller using the commercial marketplace of the licensed facilitator to complete each firearm sale, purchase, or other transfer as described in subparagraph (A); and (C) maintain records of any sale, purchase, or other transfer described in subparagraph (A), which shall include— (i) the date of the offer; (ii) the name of the offeror; (iii) the name and the licensee number of the licensee that will take possession of the firearm directly from the transferor; and (iv) the model, serial number, type, and caliber or gauge of the firearm involved. (2) Advance identification of licensed dealer A licensed facilitator may require a prospective seller, as a condition of using the commercial marketplace of the licensed facilitator, to, before offering a firearm for sale, identify a licensed dealer that will take possession of the firearm and complete the sale. (3) Licensee compliance On taking possession of a firearm sold, purchased, or otherwise transferred in a commercial marketplace of a licensed facilitator, 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 transferee.. (c) Liability Section 924(h) of title 18, United States Code, is amended— (1) by inserting (1) before Whoever; and (2) by adding at the end the following: (2) Whoever, 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 (n)(1), knowingly transfers the firearm to a person not licensed under this chapter without a licensed importer, licensed manufacturer, or licensed dealer first taking possession of the firearm for the purpose of complying with section 922(t)— (A) except as provided in subparagraph (B), shall be fined under this title, imprisoned for not more than 1 year, or both; or (B) if transfer of the firearm to, or receipt of the firearm by, the transferee violates subsection (d), (g), or (n) of section 922, or the firearm is used to commit a crime of violence (as defined in section (c)(3) of this section) or drug trafficking crime (as defined in subsection (c)(2) of this section), shall be fined under this title, imprisoned for not more than 10 years, or both.. (d) Conforming amendments Chapter 44 of title 18, United States Code, is amended— (1) in section 922— (A) in subsection (a)— (i) in paragraph (1)— (I) in subparagraph (A), by striking or at the end; (II) in subparagraph (B), by adding or at the end; and (III) by adding at the end the following: (C) except a licensed facilitator, to engage in the business of hosting a commercial marketplace in which offers for firearm sales, purchases, or other transfers are allowed to be made;; and (ii) in paragraph (6)— (I) by striking or licensed collector and inserting licensed collector, or licensed facilitator; and (II) by striking or collector and inserting collector, or facilitator; and (B) in subsection (m), by striking or licensed collector and inserting licensed collector, or licensed facilitator; (2) in section 923— (A) in subsection (c)(1), as so designated by section 12 of this Act, in the first sentence, by inserting or facilitate firearm sales, purchases, or other transfers before during the period stated in the license; (B) in subsection (g)(1)(A)— (i) in the matter preceding clause (i)— (I) in the first sentence, by striking and licensed dealer and inserting licensed dealer, and licensed facilitator; and (II) in the last sentence, by inserting licensed facilitator, before or any licensed importer; (ii) in clause (i), by striking or licensed collector and inserting, licensed collector, or licensed facilitator; and (iii) in clause (ii), by striking or licensed collector and inserting, licensed collector, or licensed facilitator; and (C) in subsection (j), in the first sentence, by striking or licensed dealer and inserting licensed dealer, or licensed facilitator; and (3) in section 924(a)(3), as amended by section 7— (A) in subparagraph (A), in the matter preceding clause (i), by striking or licensed collector and inserting licensed collector, or licensed facilitator; and (B) in subparagraph (B), by striking or licensed collector and inserting licensed collector, or licensed facilitator.