H. R. 1874 (TRACE) Act....Busy little Gun Grabbers at work....

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jpk1md

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H. R. 1874 (TRACE) Act....Busy little Gun Grabbers from NJ at work....

Technological Resource to Assist Criminal Enforcement (TRACE) Act (Introduced in House)

HR 1874 IH

110th CONGRESS

1st Session

H. R. 1874

To amend chapter 44 of title 18, United States Code, to require microstamping of all firearms manufactured in or imported into the United States, and ballistics testing of all firearms in the custody of the Federal Government.

IN THE HOUSE OF REPRESENTATIVES

April 17, 2007

Mr. ANDREWS introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To amend chapter 44 of title 18, United States Code, to require microstamping of all firearms manufactured in or imported into the United States, and ballistics testing of all firearms in the custody of the Federal Government.

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 `Technological Resource to Assist Criminal Enforcement (TRACE) Act'.

SEC. 2. BAN ON MANUFACTURE OR IMPORTATION OF FIREARMS THAT ARE NOT MICROSTAMPED.

(a) License Revocation- Section 923(e) of title 18, United States Code, is amended by inserting after the penultimate sentence the following: `The Attorney General shall, after notice and opportunity for hearing, revoke the license of an importer who imports into the United States a firearm that is not microstamped, or the license of a manufacturer who manufactures a firearm that is not microstamped or a microstamped firearm that does not transfer the array of characters constituting the microstamp onto the cartridge case of any ammunition fired from the firearm.'.

(b) Definition of Microstamped- Section 921(a) of title 18, United States Code, is amended by adding at the end the following:

`(36) The term `microstamped' means, with respect to a firearm, that etched into the interior surface or internal working parts of the firearm is an array of characters which identify the make, model, and serial number of the firearm.'.

SEC. 3. BALLISTICS TESTING OF CRIME GUNS; COMPUTERIZATION OF RECORDS.

(a) In General- Section 923 of title 18, United States Code, is amended by adding at the end the following:

`(m)(1) The Attorney General shall conduct ballistics testing of any firearm in the custody of the Federal Government if there is reason to believe that the firearm has been involved in a crime under Federal or State law, and establish an electronic database containing records of the results of the testing.

`(2) The Attorney General shall establish a computer system through which State and local law enforcement agencies can promptly access the ballistics records stored under this subsection.

`(3) 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 subsection, including--

`(A) the number of Federal and State criminal investigations, arrests, indictments, and prosecutions of all cases in which access to ballistics records, provided through the system established under this section and under similar systems operated by any State, served as a valuable investigative tool in the prosecution of crimes involving firearms; and

`(B) the extent to which ballistics records are accessible across jurisdictions.

`(4) There are authorized to be appropriated to the Attorney General $20,000,000 for each of the fiscal years 2006 through 2009, to carry out this subsection.'.

(b) Definition of Ballistics- Section 921(a) of such title, as amended by section 2(b) of this Act, is amended by adding at the end the following:

`(37) The term `ballistics' means a comparative analysis of fired bullets and cartridge casings to identify the firearm from which bullets and cartridge casings have been discharged, through identification of the unique markings that the firearm imprints on cartridge casings of ammunition fired from the firearm.'.
 
Rep. Andrews, or his staff, are idiots. They can't even get the definition of 'microstamping' right.

Usually it means that the firearm must be configured so that in the act of firing, it stamps the make, model, and SN onto each fired casing.

The way this is written, all it requires is that the info be etched somewhere on the inside of the firearm. The only real effect would be to slightly extend the time required to file the SN off the gun.

I'm really not sure what a ballistic database of recovered crime guns (and, I'm assuming, bullets and casings) would actually accomplish. It might have some utility, but mostly I see this as a make-work program for the DoJ.
 
Sigh.

First let me say, thanks for posting text directly from the bill, we could use more of that.

All I have to say about microstamping is that the idea itself is full of more holes than a Coke can at the range.

Yes, if I drive by a convenience store spraying an automatic AK (or anything that resembles one, as far as the media is concerned), there might be some information gleaned from the stamps on the cases, like, suprise, it's a stolen firearm. Useful, that. Please note the sarcasm.

More importantly, lets suppose I've had it with a co-worker, or an ex, and I decide to kill them with my legally owned and registered and un-altered firearm. Quick trip to the range to find some fired brass in my caliber of choice, commit said crime, retrieve my own brass, leave poor suckers brass.... microstamping defeated.

Useful, that.
 
License Revocation- Section 923(e) of title 18, United States Code, is amended by inserting after the penultimate sentence the following: `The Attorney General shall, after notice and opportunity for hearing, revoke the license of an importer who imports into the United States a firearm that is not microstamped, or the license of a manufacturer who manufactures a firearm that is not microstamped or a microstamped firearm that does not transfer the array of characters constituting the microstamp onto the cartridge case of any ammunition fired from the firearm.'

Unreal. This is worse than the CA version, which didnt include old firearms but rather new designs being brought into the state.

So if I have a 1911a1 I want to import from a gun friendly country, lets say New Zealand - they have to 'microstamp' a 60 year handgun? This is just a backdoor ban, no one can comply with that.
 
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