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Code · BILL · 117th Congress · H.R. 4423 (Introduced in House) — To enhance safety and security at federally licensed gun shops, and for other purposes. · Sec. 7

Sec. 7. Civil enforcement

553 words·~3 min read·/bill/117/hr/4423/ih/section-7

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Section 923 of title 18, United States Code, as amended by section 2(c)(1) of this Act, is amended by adding at the end the following: In the case of a licensed dealer who the Attorney General has found to be in violation of a regulation prescribed under section 926(d), to not have implemented a corrective action required by the Attorney General at the completion of a security inspection conducted under subsection (g)(6)(B)(i) of this section within 30 days after the date of the inspection, or to be in violation of subsection (g)(8) of this section— the Attorney General shall— if the violation is not a result of gross negligence by the licensed dealer— in the case of the 1st such violation of the law or regulation by the licensed dealer, if not preceded by a violation to which subparagraph
(B)applies, transmit to the licensed dealer a written notice specifying the violation, which shall include a copy of the provision of law or regulation violated and a plan for how to cure the violation; in the case of the 2nd such violation by the licensed dealer, if not preceded by a violation to which subparagraph
(B)applies, impose a civil money penalty in an amount that is not less than $2,500 and not more than $20,000; in the case of the 3rd such violation by the licensed dealer, if not preceded by a violation to which subparagraph
(B)applies, suspend the license to deal in firearms issued to the licensed dealer under this chapter until the violation ceases; in the case of the 4th such violation by the licensed dealer, whether or not preceded by a violation to which subparagraph
(B)applies, revoke that license; or in the case of any such violation by the licensed dealer, if preceded by a violation to which subparagraph
(B)applies, apply the penalty authorized under this subsection that is 1 level greater in severity than the level of severity of the penalty most recently applied to the licensed dealer under this subsection; or if the violation is a result of such gross negligence— in the case of the 1st such violation by the licensed dealer, impose a civil money penalty in an amount that is not less than $2,500 and not more than $20,000; in the case of the 2nd such violation by the licensed dealer— impose a civil money penalty in an amount equal to $20,000; or suspend the license to deal in firearms issued to the licensed dealer under this chapter until the violation ceases; or revoke that license; or in the case of the 3rd or subsequent such violation by the licensed dealer, apply the penalty authorized under this subsection that is 1 or 2 levels greater in severity than the level of severity of the penalty most recently applied to the licensed dealer under this subsection; and in the case of any such violation, if the Attorney General finds that the nature of the violation indicates that the continued operation of a firearms business by the licensed dealer presents an imminent risk to public safety, the Attorney General shall, notwithstanding paragraph (1), immediately suspend the license to deal in firearm issued to the licensed dealer under this chapter and secure the firearms inventory of the licensed dealer, until the violation ceases. .
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