Gun Violence Prevention Through Financial Intelligence Act
This bill, titled the Gun Violence Prevention Through Financial Intelligence Act, would require the Financial Crimes Enforcement Network (FinCEN) to develop an advisory for financial institutions on how homegrown violent extremists and other domestic terrorists obtain firearms and firearm accessories, and on how the U.S. firearms market can be exploited to enable gun violence. To build this advisory, FinCEN would request information from financial institutions within one year, using a process similar to how suspicious-activity reporting works under current law, and after consulting with the FBI, the Justice Department’s ATF, and firearm sellers. If sufficient information is gathered within 540 days, FinCEN must issue the advisory; if not, FinCEN would provide a detailed report to key Senate and House committees describing what information was collected and what barriers exist. The bill also requires FinCEN to establish key definitions (e.g., firearm accessory, homegrown violent extremist, lone wolf, lone actor) through rulemaking within 90 days of enactment. In short, the bill aims to leverage financial intelligence to identify red flags and reporting practices related to how firearms are procured by extremists and how the firearms market supports violence, with a structured process, consultation with law enforcement and industry, and defined terms to guide the effort.
Key Points
- 1Advisory obligation: FinCEN must issue an advisory within 540 days of enactment about identifying and reporting suspicious activity related to how extremists procure firearms and how the firearms market is exploited to facilitate gun violence.
- 2Information-gathering process: FinCEN must request information from financial institutions within 1 year to inform the advisory, using a framework similar to suspicious-activity reporting under 31 U.S.C. 5318(g); requests must be tailored to the institution’s size.
- 3Stakeholder consultation: Before requesting information, FinCEN must consult with the FBI, ATF, and firearm-sellers to shape the nature of the information sought.
- 4Rulemaking on definitions: FinCEN must issue a rule within 90 days of enactment defining terms used in this section (firearm accessory, homegrown violent extremist, lone wolf, lone actor) in collaboration with the FBI and ATF.
- 5Oversight and transparency: If the gathered information is insufficient to develop the advisory, FinCEN must report to Senate and House committees detailing the information obtained, methods, responses from financial institutions, and barriers to obtaining required information.