H.R.3823 - Trafficking Reduction And Criminal Enforcement Act; TRACE Act (119th Congress)
Summary
H.R.3823, the Trafficking Reduction And Criminal Enforcement Act (TRACE Act), aims to prevent the illegal sale of firearms. It mandates that all firearms manufactured in the U.S. be marked with a second, hidden serial number. The bill also broadens the definition of 'firearm' to include unfinished frames or receivers and requires licensed firearms dealers to conduct physical checks of their inventory.
Expected Effects
The TRACE Act will likely increase the traceability of firearms used in crimes. It will also place additional regulatory burdens on firearms manufacturers and dealers. The changes to background check record retention and limitations could affect law enforcement's ability to track illegal firearm sales.
Potential Benefits
- Increased traceability of firearms used in crimes, potentially aiding law enforcement investigations.
- Reduction in illegal firearm sales through enhanced background check procedures.
- Improved accountability for licensed firearms dealers through mandatory inventory checks.
- Clarification of the definition of 'firearm' to include unfinished frames or receivers, closing a potential loophole.
- Elimination of certain limitations on the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), potentially enhancing their ability to enforce firearms laws.
Most Benefited Areas:
Potential Disadvantages
- Increased costs for firearms manufacturers due to the requirement for a second serial number.
- Potential for increased administrative burden on licensed firearms dealers due to inventory check requirements.
- Concerns about data privacy related to the retention of background check records for an extended period.
- Possible challenges in implementing and enforcing the regulations related to unfinished frames or receivers.
- Opposition from gun rights advocates who may view the bill as an infringement on Second Amendment rights.
Most Disadvantaged Areas:
Constitutional Alignment
The bill's alignment with the Constitution is complex. While proponents argue it enhances public safety, which aligns with the government's responsibility to ensure domestic tranquility, opponents may argue it infringes upon the Second Amendment right to bear arms. The requirement for a second serial number and the expanded definition of 'firearm' could be subject to legal challenges based on the Second Amendment. The regulations imposed on firearms dealers could also be challenged under the Commerce Clause, although the federal government has broad authority to regulate interstate commerce in firearms.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).