II

106TH CONGRESS

1ST SESSION S. 1080

To amend title 18, United States Code, to prohibit gunrunning, and provide

mandatory minimum penalties for crimes related to gunrunning.

IN THE SENATE OF THE UNITED STATES

MAY 19, 1999

Mr. TORRICELLI (for himself, Mr. SCHUMER, and Mr. DURBIN) introduced

the following bill; which was read twice and referred to the Committee

on the Judiciary

A BILL

To amend title 18, United States Code, to prohibit

gunrunning, and provide mandatory minimum penalties

for crimes related to gunrunning.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Gun Kingpin Penalty

5 Act’’.

6 SEC. 2. GUN KINGPIN PENALTIES.

7 (a) PROHIBITION AGAINST GUNRUNNING.—Section

8 922 of title 18, United States Code, is amended by insert9 ing after subsection (y) the following:
2

•S 1080 IS

1 ‘‘(z) It shall be unlawful for a person not licensed

2 under section 923 to ship or transport, or conspire to ship

3 or transport, 5 or more firearms from a State into another

4 State during any period of 12 consecutive months, with

5 the intent to transfer all of such firearms to another per6 son who is not so licensed.’’.

7 (b) MANDATORY MINIMUM PENALTIES FOR CRIMES

8 RELATED TO GUNRUNNING.—Section 924 of title 18,

9 United States Code, is amended by adding at the end the

10 following:

11 ‘‘(p)(1)(A)(i) Whoever violates section 922(z) shall,

12 except as otherwise provided in this subsection, be impris13 oned not less than 3 years, and may be fined under this

14 title.

15 ‘‘(ii) In the case of a person’s second or subsequent

16 violation described in clause (i), the term of imprisonment

17 shall be not less than 5 years.

18 ‘‘(B) If a firearm which is shipped or transported in

19 violation of section 922(z) is used subsequently by the per20 son to whom shipped or transported, or by any person

21 within 3 years after the shipment or transportation, in an

22 offense in which a person is killed or suffers serious bodily

23 injury, the term of imprisonment for the violation shall

24 be not less than 10 years.
3

•S 1080 IS

1 ‘‘(C) If more than 50 firearms are the subject of a

2 violation of section 922(z), the term of imprisonment for

3 the violation shall be not less than 15 years.

4 ‘‘(D) If more than 50 firearms are the subject of a

5 violation of section 922(z) and 1 of the firearms is used

6 subsequently by the person to whom shipped or trans7 ported, or by any person within 3 years after the shipment

8 or transportation, in an offense in which a person is killed

9 or suffers serious bodily injury, the term of imprisonment

10 for the violation shall be not less than 25 years.

11 ‘‘(2) Notwithstanding any other provision of law, the

12 court shall not impose a probationary sentence or suspend

13 the sentence of a person convicted of a violation of this

14 subsection, nor shall any term of imprisonment imposed

15 on a person under this subsection run concurrently with

16 any other term of imprisonment imposed on the person

17 by a court of the United States.’’.

18 (c) CRIMES RELATED TO GUNRUNNING MADE PRED19 ICATE OFFENSES UNDER RICO.—Section 1961(1)(B) of

20 title 18, United States Code, is amended by inserting ‘‘sec21 tion 922(a)(1)(A) (relating to unlicensed importation,

22 manufacture, or dealing in firearms), section 922(a)(3)

23 (relating to interstate transportation or receipt of fire24 arm), section 922(a)(5) (relating to transfer of firearm to

25 person from another State), or section 922(a)(6) (relating
4

•S 1080 IS

1 to false statements made in acquisition of firearm or am2 munition from licensee), section 922(d) (relating to dis3 position of firearm or ammunition to a prohibited person),

4 section 922(g) (relating to receipt of firearm or ammuni5 tion by a prohibited person), section 922(h) (relating to

6 possession of firearm or ammunition on behalf of a prohib7 ited person), section 922(i) (relating to transportation of

8 stolen firearm or ammunition), section 922(j) (relating to

9 receipt of stolen firearm or ammunition), section 922(k)

10 (relating to transportation or receipt of firearm with al11 tered serial number), section 922(z) (relating to

12 gunrunning), section 924(b) (relating to shipment or re13 ceipt of firearm for use in a crime),’’ before ‘‘section

14 1028’’.

15 (d) ENFORCEMENT.—The Secretary of the Treasury

16 may hire and employ 200 personnel, in addition to any

17 personnel hired and employed by the Department of the

18 Treasury under other law, to enforce the amendments

19 made by this section, notwithstanding any limitations im20 posed by or under the Federal Workforce Restructuring

21 Act.

Æ