Countering Illegal Firearms Trafficking to Mexico Act

Summary: Countering Illegal Firearms Trafficking to Mexico Act This bill amends the federal criminal code to make trafficking in firearms a stand-alone criminal offense.  A person who commits or conspires to commit a gun trafficking offense is subject to criminal penalties&#8212;a prison term of up to 20 years (or up to 25 years, if the person also acted as an organizer), a fine, or both. The bill directs the President to design and implement a strategy to improve collaboration between the U.S. Immigration and Customs Enforcement and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) in the investigation of illegal firearms trafficking to Mexico.  The Office of National Drug Control Policy must establish indicators to measure the progress of efforts to stem firearms trafficking to Mexico. The ATF must publish detailed information about each firearm seized by Mexican authorities and submitted to the ATF for tracing.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Countering Illegal Firearms 
Trafficking to Mexico Act''.

SEC. 2. COLLABORATION BETWEEN U.S. IMMIGRATIONS AND CUSTOMS ENFORCEMENT 
              AND THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND 
              EXPLOSIVES.

    The President shall design and implement a strategy to improve 
collaboration between U.S. Immigrations and Customs Enforcement and the 
Bureau of Alcohol, Tobacco, Firearms, and Explosives in the 
investigation of illegal firearm trafficking to Mexico, including 
formal monitoring of the implementation of the 2009 Memorandum of 
Understanding between the Bureau of Alcohol, Tobacco, Firearms, and 
Explosives and U.S. Immigrations and Customs Enforcement.

SEC. 3. COMPREHENSIVE INDICATORS TO STEM ARMS TRAFFICKING TO MEXICO.

    Not later than 120 days after the date of the enactment of this 
Act, the Office of National Drug Control Policy shall establish 
comprehensive indicators that more accurately reflect progress made in 
efforts to stem arms trafficking to Mexico.

SEC. 4. FIREARMS TRAFFICKING.

    (a) In General.--Chapter 44 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 932. Trafficking in firearms
    ``(a) Offenses.--It shall be unlawful for any person, regardless of 
whether anything of value is exchanged--
            ``(1) 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;
            ``(2) 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;
            ``(3) to make a statement 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 that--
                    ``(A) is material to--
                            ``(i) the identity of the actual buyer of 
                        the firearms; or
                            ``(ii) the intended trafficking of the 
                        firearms; and
                    ``(B) the person knows or has reasonable cause to 
                believe is false; or
            ``(4) to direct, promote, or facilitate conduct specified 
        in paragraph (1), (2), or (3).
    ``(b) Penalties.--
            ``(1) In general.--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.
            ``(2) Organizer enhancement.--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.
    ``(c) Definitions.--In this section--
            ``(1) the term `actual buyer' means the person for whom a 
        firearm is being purchased, received, or acquired; and
            ``(2) the term `term of imprisonment exceeding 1 year' does 
        not include any offense classified by the applicable 
        jurisdiction as a misdemeanor and punishable by a term of 
        imprisonment of 2 years or less.''.
    (b) Clerical Amendment.--The table of sections for chapter 44 of 
such title is amended by adding at the end the following:

``932. Trafficking in firearms.''.

SEC. 5. REQUIREMENT THAT FEDERAL FIREARMS LICENSEES REPORT MULTIPLE 
              SALES OF FIREARMS.

    Section 923(g)(3)(A) of title 18, United States Code, is amended by 
striking ``pistols, or revolvers, or any combination of pistols and 
revolvers totalling two or more,'' and inserting ``firearms''.

SEC. 6. PUBLIC AVAILABILITY OF INFORMATION ABOUT FIREARMS SEIZED BY 
              MEXICO AND SUBMITTED TO THE BUREAU OF ALCOHOL, TOBACCO, 
              FIREARMS, AND EXPLOSIVES FOR TRACING.

    Within 30 days after the beginning of each fiscal year that begins 
more than 120 days after the date of the enactment of this Act, the 
Bureau of Alcohol, Tobacco, Firearms, and Explosives shall make public 
detailed information about the type, make, model, and caliber of each 
firearm seized by authorities of the Government of Mexico and submitted 
to the Bureau for tracing.

SEC. 7. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall take effect on 
the date that is 30 days after the date of the enactment of this Act.