Overview
Title
To require the Attorney General to make publicly available a list of federally licensed firearms dealers with a high number of short time-to-crime firearm traces, and to prohibit Federal departments and agencies from contracting with such dealers.
ELI5 AI
This bill wants to make a list of gun sellers who often sell guns that quickly end up being used in crimes, and it says government groups shouldn't do business with them unless it's super important for safety.
Summary AI
H.R. 8764, titled the "Clean Hands Firearm Procurement Act," requires the Attorney General to publicly share a list of federally licensed firearms dealers who have been linked to a high number of guns entering into crimes shortly after their sale. This bill aims to prevent Federal departments and agencies from entering into contracts with these dealers. However, the Secretary of Defense or the Secretary of Homeland Security may request a waiver for this prohibition if it is necessary for national security. The bill also defines key terms, including what constitutes a "covered firearms dealer" and explains the concept of "time-to-crime."
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AnalysisAI
Summary of the Bill
The proposed legislation, titled the Clean Hands Firearm Procurement Act, primarily aims to increase transparency and accountability among federally licensed firearms dealers. It requires the Attorney General to annually publish a list of dealerships where firearms frequently trace back to crimes within three years of purchase. Moreover, it prohibits federal agencies from engaging in contracts with such dealerships unless a waiver is granted for national security reasons. The act is expected to take effect 180 days after its enactment.
Significant Issues
One of the main challenges in this bill lies in its definition and implications for "covered firearms dealers." The term is defined in Section 4 but its placement might cause confusion for the reader. This lack of upfront clarity could potentially lead to misunderstandings about which dealers the bill impacts.
Another notable issue is the lack of privacy considerations. Publicly disclosing businesses as "covered firearms dealers" could lead to reputational harm or other unintended effects, as the bill does not specify privacy protections or justifications for this transparency.
The waiver authority granted to the Attorney General requires careful examination. While it allows necessary flexibility, the lack of defined criteria for granting waivers may lead to inconsistent applications and potentially weaken the intended regulatory effect. Further, the process of notifying Congress about these waivers lacks detail on timing and transparency, particularly when notices can be classified.
Impact on the Public
The broader public may view this legislation as a positive step toward reducing gun-related crimes by spotlighting dealers potentially contributing to such issues. By using public pressure and financial barriers, the bill encourages dealers to implement more stringent controls on gun sales, thereby promoting public safety.
On the flip side, concerns may arise about governmental transparency and the protection of business identities. If lists are not managed appropriately, it could lead to unwarranted stigmatization of certain businesses, potentially impacting livelihoods without a fair trial or recourse.
Impact on Stakeholders
For firearms dealers, especially those identified as "covered," this bill poses significant repercussions. They may experience a loss of federal contracts, leading to financial strain. Such dealers must reassess their compliance measures and customer screening processes to avoid being listed, which could involve substantial operational changes and costs.
Federal agencies face new compliance landscapes as they must navigate these procurement restrictions. This could introduce additional administrative burdens, particularly if waivers are frequently requested or granted without clear guidelines.
Legislators and law enforcement officials might see enhanced tools for judicial processes, but balancing privacy concerns with public safety transparency remains challenging. Lastly, the general public might benefit from potential reductions in gun violence but should remain vigilant about privacy and fairness in enforcement actions.
Issues
The term 'covered firearms dealer' is not defined until Section 4, leading to potential ambiguity regarding which dealers are affected by the prohibitions and requirements set forth in Sections 2 and 3.
The publication of a list of 'covered firearms dealers' in Section 2 may raise privacy concerns for these businesses, as it involves public disclosure of potentially sensitive information without clear privacy protections.
The waiver authority in Section 3 allows significant discretion to the Attorney General without a clear set of criteria for granting such waivers, risking inconsistent application or potential abuse of the exemption process.
The notice requirement for waivers in Section 3 lacks a specified timeframe for what constitutes 'immediate' notification, creating potential for delayed transparency and oversight.
The notice of waivers in Section 3 can be submitted in classified form, which reduces transparency and accountability without clear guidelines for when such classification is appropriate.
There are no explicit considerations or analyses of potential costs associated with the publication and distribution of the list in Section 2, nor an assessment of whether these costs are justified given potential benefits.
Section 1 does not provide sufficient detail regarding the Act's implementation, making it difficult to evaluate for potential legal and financial complexities.
The term 'time-to-crime' defined in Section 4 may not be clear to a general audience, and additional context or examples might be useful for better understanding.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
The first section of the act gives it the short title, “Clean Hands Firearm Procurement Act”, allowing it to be easily referenced by this name.
2. Federal gun tracing notifications Read Opens in new tab
Summary AI
The Attorney General is required to publish or make available to the public a list of certain firearms dealers within 120 days of the law being passed and every year after that.
3. Prohibition on Federal contracts with certain Federal firearms dealers Read Opens in new tab
Summary AI
The section prohibits federal agencies from entering into contracts with firearms dealers who have been identified as problematic within the last three years. However, the Attorney General can allow exceptions if requested by the Secretary of Defense or Homeland Security to protect national security, and must inform Congress if such an exception is made. This rule will start being enforced 180 days after the law is passed.
4. Definitions Read Opens in new tab
Summary AI
The section provides definitions for key terms used in a bill involving firearms. It defines a "covered firearms dealer" as a licensed dealer associated with at least 25 firearms linked to crimes within a specified time frame, a "Federal agency" as any government department or office, and both "firearm" and "licensed dealer" according to definitions in U.S. law. It also explains "time-to-crime" as the time between a firearm's last retail sale and its recovery by law enforcement due to a crime.