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S. 1294IntroducedSenate · nowHousePresidentLawIn committee
Sec. 7 · S. 1294

Electronic records

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(a) Records retention and submission Section 923(g) of title 18, United States Code, is amended— (1) in paragraph (1)(A)— (A) in the first sentence, by inserting before the period at the end the following:, except that, notwithstanding any other provision of law, on and after the date that is 1 year after the date of enactment of the Federal Firearm Licensee Act, records prepared by a licensee under this chapter of the sale or other disposition of firearms, including each firearms transaction record, and the corresponding record of receipt of such firearms, shall be retained at the business premises readily accessible for inspection under this chapter until the business is discontinued; and (B) by striking the second sentence; (2) in paragraph (5)(A), by inserting or electronically as may be after submit on a form; and (3) in paragraph (7), by inserting, electronically, after orally. (b) Records databases Section 923(g) of title 18, United States Code, as amended by section 6, is amended by adding at the end the following: (9) (A) 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 regarding the importation, production, shipment, receipt, sale, or other disposition of firearms required to be submitted by licensees to the Attorney General under this chapter. (B) 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 possession of the licensee that are required to be kept under this chapter. (C) The National Tracing Center— (i) shall have remote access to query, search, or otherwise access the electronic databases described in subparagraph (A); and (ii) with the permission of a State, or political subdivision of a State, may query, search, or otherwise access the databases of the firearms registration system or pawnbroker records system of the State or political subdivision. (D) The National Tracing Center may query, search, or otherwise access the electronic databases described in subparagraph (A) only to obtain information related to any Federal, State, local, tribal, or foreign criminal investigation. (E) The electronic databases established under subparagraph (A)— (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, without a warrant authorizing such a search; and (iii) shall include in search results the entire contents of the relevant records kept by the licensee.. (c) Video recordings of sales and transfers Section 923(g) of title 18, United States Code, as amended by subsection (b), is amended by adding at the end the following: (10) In accordance with regulations promulgated by the Attorney General, each licensed dealer operating a location at which firearms are sold to a person not licensed under this chapter shall— (A) maintain video surveillance of all areas within each premises where firearms in the business inventory of the licensee are sold or transferred; (B) retain records of the surveillance, including any sound recording obtained from the surveillance, for a period of not less than 90 days; and (C) post a sign in a conspicuous place and at each public entrance to the retail location, in block letters not less than 1 inch in height, stating that the premises are under video surveillance.. (d) Increased penalties for licensee violations relating to acquisition and disposition records Section 924(a)(3) of title 18, United States Code, is amended— (1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and adjusting the margins accordingly; (2) by moving the matter following clause (ii) (as so redesignated) 2 ems to the right; (3) in the matter following clause (ii) (as so redesignated), by striking one year and inserting 5 years; (4) by inserting (A) after (3); and (5) by adding at the end the following: (B) If the conduct described in clause (i) or (ii) of subparagraph (A) is in relation to an offense under subsection (a)(6) or (d) of section 922, the licensed dealer, licensed importer, licensed manufacturer, or licensed collector shall be fined under this title, imprisoned not more than 10 years, or both.. (e) Elimination of limitation on centralizing records Section 926(a) of title 18, United States Code, is amended, in the matter following paragraph (3)— (1) in the first sentence, by striking records required to be maintained under this chapter or any portion of the contents of such records, be recorded at or transferred to a facility owned, managed, or controlled by the United States or any State or any political subdivision thereof, nor that; and (2) in the second sentence, by striking Secretary's and inserting Attorney General's. (f) Electronic recordkeeping adoption and implementation Section 926 of title 18, United States Code, as amended by section 5, is amended by adding at the end the following: (e) Facilitation of electronic recordkeeping The Attorney General— (1) shall facilitate and incentivize the conversion to, and adoption of, electronic recordkeeping solutions by licensees that enable electronic completion and submission to the Attorney General of all records required to be maintained under this chapter; (2) shall facilitate— (A) digital capture of paper records of licensed dealers; and (B) the integration and indexing of data onto a platform accessible by law enforcement authorities for purposes of investigating a violent crime or crime gun trace; (3) shall facilitate, with respect to the electronic databases established under section 923(g)(9)(A)— (A) remote access to electronic records of licensed dealers by law enforcement authorities for purposes of investigating a violent crime or crime gun trace; and (B) access by licensed dealers to only their own records; and (4) may not remotely access or search electronic records of licensed dealers without a warrant authorizing such a search..

Sec. 7: Electronic records · Public Law Tracker