H.R. 2554 (112th): Stop Gun Trafficking and Strengthen Law Enforcement Act of 2011

112th Congress, 2011–2013. Text as of Jul 15, 2011 (Introduced).

Status & Summary | PDF | Source: GPO

I

112th CONGRESS

1st Session

H. R. 2554

IN THE HOUSE OF REPRESENTATIVES

July 15, 2011

(for herself, Mr. Cummings, Mrs. McCarthy of New York, Mr. Conyers, Mr. Tierney, Mr. Connolly of Virginia, Ms. Chu, Ms. Norton, Mr. Rangel, Mr. Moran, Mr. Lynch, Ms. Speier, Mr. Filner, Mr. Ackerman, Mr. Farr, and Mr. Quigley) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To prohibit firearms trafficking.

1.

Short title

This Act may be cited as the Stop Gun Trafficking and Strengthen Law Enforcement Act of 2011.

2.

Prohibition on firearms trafficking

(a)

In general

Chapter 44 of title 18, United States Code, is amended by adding at the end the following:

932.

Trafficking in firearms

(a)

In general

It shall be unlawful for any person, regardless of whether anything of value is exchanged, to receive, or to transfer or otherwise dispose of to 1 or more individuals, 2 or more firearms that have been shipped or transported in interstate or foreign commerce, knowing or having reasonable cause to believe that such conduct will result in the disposing of 1 or more such firearms to an individual—

(1)

whose possession or receipt of the firearm would be unlawful; or

(2)

who intends to or will use, carry, possess, or dispose of the firearm unlawfully.

(b)

Organizer

It shall be unlawful for any person to knowingly direct, promote, or facilitate conduct that violates subsection (a).

(c)

Conspiracy

It shall be unlawful for any person to conspire to violate subsection (a).

(d)

Definitions

In subsection (a):

(1)

The term individual whose possession or receipt of the firearm would be unlawful means an individual—

(A)

who is under indictment or has a prior conviction for a violent felony or a felony drug offense;

(B)

who at the time of the offense was under a criminal sentence, including on probation, parole, supervised release, or work release, or in escape status;

(C)

whose possession of the firearm violates or would violate section 922(x)(2); or

(D)

whose possession of the firearm violates or would violate paragraph (2), (3), (4), (5), (8), or (9) of section 922(g).

(2)

The term violent felony has the meaning given in section 924(e)(2)(B).

(3)

The term felony drug offense has the meaning given in section 102(44) of the Controlled Substances Act, and includes a drug trafficking crime (as defined in section 924(c)).

.

(b)

Penalties

Section 924(a) of such title is amended by adding at the end the following:

(8)
(A)

Whoever violates subsection (a) or (b) of section 932 shall be fined under this title, imprisoned not more than 20 years, or both, subject to subparagraph (B).

(B)

The term of imprisonment imposed on a person who violates section 932 in concert with 5 or more other persons with respect to whom the person occupies a position of organizer, a supervisory position, or any other position of management, shall be not more than 25 years.

(C)

Whoever violates section 932(c) shall be fined under this title, imprisoned not more than 10 years, or both.

.

(c)

Clerical amendment

The table of sections for such chapter is amended by adding at the end the following:

932. Trafficking in firearms.