IN THE SENATE OF THE UNITED STATES
January 30, 2013
Mrs. Gillibrand (for herself and Mr. Kirk) introduced the following bill; which was read twice and referred to the Committee on the Judiciary
To prevent gun trafficking.
This Act may be cited as
Gun Trafficking Prevention Act of
Chapter 44 of title 18, United States Code, is amended by adding at the end the following:
Trafficking in firearms
It shall be unlawful for any person, regardless of whether anything of value is exchanged—
to ship, transport, transfer, or otherwise dispose to a person, 2 or more firearms in or affecting interstate or foreign commerce, if the transferor knows or has reasonable cause to believe that such use, carry, possession, or disposition of the firearm would be in violation of, or would result in a violation of any Federal, State, or local law punishable by a term of imprisonment exceeding 1 year;
to receive from a person, 2 or more firearms in or affecting interstate or foreign commerce, if the recipient knows or has reasonable cause to believe that such receipt would be in violation of, or would result in a violation of any Federal, State, or local law punishable by a term of imprisonment exceeding 1 year;
to make false statements regarding an actual buyer to a licensed importer, licensed manufacturer, or licensed dealer, relating to the purchase, receipt, or acquisition from a licensed importer, licensed manufacturer, or licensed dealer of 2 or more firearms that have moved in or affected interstate or foreign commerce; or
to direct, promote, or facilitate conduct specified in paragraphs (1), (2), or (3).
Subsection (a) shall not apply to a firearm that is—
lawfully acquired by a person to be given to another person not prohibited from possessing a firearm under Federal or State law as a gift; or
lawfully received or otherwise acquired by a court-appointed trustee, receiver, or conservator for, or on behalf of, an estate or creditor or by a person to carry out a bequest, or an acquisition by intestate succession under the laws of the State of residence of the person.
Any person who violates, or conspires to violate, subsection (a) shall be fined under this title, imprisoned for not more than 20 years, or both.
If a violation of subsection (a) is committed by a person in concert with 5 or more other persons with respect to whom such person occupies a position of organizer, a supervisory position, or any other position of management, such person may be sentenced to an additional term of imprisonment of not more than 5 consecutive years.
In this subsection—
the term actual buyer means the individual for whom the firearm is being purchased, as described in paragraph (1)(C); and
the term term of imprisonment exceeding 1 year does not include any offense classified by such jurisdiction as a misdemeanor and punishable by a term of imprisonment of 2 years or less.
Technical and conforming amendment
The table of sections for chapter 44 of title 18, United States Code, is amended by adding at the end the following:
932. Trafficking in firearms.
Directive to the sentencing commission
Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall review and, if appropriate, amend the Federal sentencing guidelines and policy statements applicable to persons convicted of offenses under section 932 of title 18, United States Code (as added by subsection (a)).
In carrying out this section, the Commission shall—
review the penalty structure that the guidelines currently provide based on the number of firearms involved in the offense and determine whether any changes to that penalty structure are appropriate in order to reflect the intent of Congress that such penalties reflect the gravity of the offense; and
review and amend, if appropriate, the guidelines and policy statements to reflect the intent of Congress that guideline penalties for violations of section 932 of title 18, United States Code, and similar offenses be increased substantially when committed by a person who is a member of a gang, cartel, organized crime ring, or other such enterprise or in concert with another person who is a member of a gang, cartel, organized crime ring or other such enterprise.