H.R. 404: Straw Purchaser Penalty Enhancement Act

113th Congress, 2013–2015. Text as of Jan 23, 2013 (Introduced).

Status & Summary | PDF | Source: GPO and Cato Institute Deepbills

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113th CONGRESS

1st Session

H. R. 404

IN THE HOUSE OF REPRESENTATIVES

January 23, 2013

(for himself, Ms. Lee of California, Mr. Meeks, Mr. Pierluisi, Ms. Norton, Mr. Moran, Mr. Danny K. Davis of Illinois, Ms. DeLauro, Mr. Takano, Ms. Slaughter, and Mr. Sherman) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To enhance criminal penalties for straw purchasers of firearms.

1.

Short title

This Act may be cited as the Straw Purchaser Penalty Enhancement Act .

2.

Sentencing enhancement for certain straw purchasers

Section 924 of title 18, United States Code, is amended by adding at the end the following:

(q)
(1)

Whoever violates section 922(a)(6) or subsection (a)(1)(A) of this section

(A)

knowing or having reason to believe that the violation will further the transfer of two or more firearms to a person prohibited by law from shipping, transporting, possessing or receiving a firearm; and

(B)

with the intent to conceal from the transferor of the firearm the identity of the person referred to in subparagraph (A),

shall, in addition to the punishment otherwise provided for the violation, be sentenced to a term of imprisonment of 2 years.
(2)

Notwithstanding any other provision of law:

(A)

The court shall not place on probation any person convicted of a violation described in paragraph (1).

(B)

The court shall not reduce a term of imprisonment to be imposed for such a violation so as to compensate for, or otherwise take into account, a term of imprisonment imposed or to be imposed for a separate such violation.

(C)
(i)

Except as provided in clause (ii) , a term of imprisonment imposed on a person under this subsection shall not run concurrently with a term of imprisonment imposed on the person under any other provision of law.

(ii)

A term of imprisonment imposed on a person for such a violation may, in the discretion of the court, run concurrently, in whole or in part, with another term of imprisonment imposed on the person by the court at the same time for a separate such violation, subject to applicable guidelines and policy statements issued by the Sentencing Commission pursuant to section 994 of title 28.

(D)
(i)

Section 3553(a) shall apply in sentencing under this subsection.

(ii)

Before imposing a sentence in accordance with section 3553(a), the court shall give the parties reasonable notice of the intent of the court to do so and an opportunity to respond.

(iii)

If the court imposes a sentence in accordance with section 3553(a), the court shall state, in the written statement of reasons, the factors under section 3553(a) that require imposition of a sentence below the statutory minimum.

(3)

The Attorney General shall issue regulations requiring any form required to be completed by the purchaser of a firearm from a person licensed under section 923 to include a notice of the provisions of this subsection.

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