II 

115TH CONGRESS 

1ST SESSION S. 1185 

To increase public safety by punishing and deterring firearms trafficking. 

IN THE SENATE OF THE UNITED STATES 

MAY 18, 2017 

Mr. LEAHY (for himself, Ms. COLLINS, and Mr. DURBIN) introduced the following bill; which was read twice and referred to the Committee on the 

Judiciary 

A BILL 

To increase public safety by punishing and deterring firearms 

trafficking. 

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 ‘‘Stop Illegal Trafficking 

5 in Firearms Act of 2017’’. 

6 SEC. 2. ANTI-STRAW PURCHASING AND FIREARMS TRAF7 FICKING AMENDMENTS. 

8 (a) IN GENERAL.—Chapter 44 of title 18, United 

9 States Code, is amended by adding at the end the fol10 lowing: 


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1 ‘‘§ 932. Straw purchasing of firearms 

2 ‘‘(a) DEFINITIONS.—For purposes of this section— 

3 ‘‘(1) the term ‘crime of violence’— 

4 ‘‘(A) has the meaning given that term in 

5 section 924(c)(3); and 

6 ‘‘(B) includes a felony offense under the 

7 laws of a State that meets the criteria described 

8 in subparagraph (A) or (B) of such section 

9 924(c)(3); 

10 ‘‘(2) the term ‘drug trafficking crime’— 

11 ‘‘(A) has the meaning given that term in 

12 section 924(c)(2); and 

13 ‘‘(B) includes a felony punishable under 

14 the law of a State for which the conduct consti15 tuting the offense would constitute a felony 

16 punishable under the Controlled Substances Act 

17 (21 U.S.C. 801 et seq.), the Controlled Sub18 stances Import and Export Act (21 U.S.C. 951 

19 et seq.), or chapter 705 of title 46; 

20 ‘‘(3) the term ‘Federal crime of terrorism’ has 

21 the meaning given that term in section 2332b(g)(5); 

22 and 

23 ‘‘(4) the term ‘purchase’ includes the receipt of 

24 any firearm by a person who does not own the fire25 arm— 


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1 ‘‘(A) by way of pledge or pawn as security 

2 for the payment or repayment of money; or 

3 ‘‘(B) on consignment. 

4 ‘‘(b) VIOLATION.—It shall be unlawful for any person 

5 (other than a licensed importer, licensed manufacturer, li6 censed collector, or licensed dealer) to knowingly purchase, 

7 or attempt or conspire to purchase, any firearm in or oth8 erwise affecting interstate or foreign commerce— 

9 ‘‘(1) from a licensed importer, licensed manu10 facturer, licensed collector, or licensed dealer for, on 

11 behalf of, or at the request or demand of any other 

12 person, known or unknown; or 

13 ‘‘(2) from any person who is not a licensed im14 porter, licensed manufacturer, licensed collector, or 

15 licensed dealer for, on behalf of, or at the request or 

16 demand of any other person, known or unknown, 

17 knowing or having reasonable cause to believe that 

18 such other person— 

19 ‘‘(A) is under indictment for, or has been 

20 convicted in any court of, a crime punishable by 

21 imprisonment for a term exceeding 1 year; 

22 ‘‘(B) is a fugitive from justice; 

23 ‘‘(C) is an unlawful user of or addicted to 

24 any controlled substance (as defined in section 


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1 102 of the Controlled Substances Act (21 

2 U.S.C. 802)); 

3 ‘‘(D) has been adjudicated as a mental de4 fective or has been committed to any mental in5 stitution; 

6 ‘‘(E) is an alien who— 

7 ‘‘(i) is illegally or unlawfully in the 

8 United States; or 

9 ‘‘(ii) except as provided in section 

10 922(y)(2), has been admitted to the United 

11 States under a nonimmigrant visa (as that 

12 term is defined in section 101(a)(26) of 

13 the Immigration and Nationality Act (8 

14 U.S.C. 1101(a)(26))); 

15 ‘‘(F) has been discharged from the Armed 

16 Forces under dishonorable conditions; 

17 ‘‘(G) having been a citizen of the United 

18 States, has renounced his or her citizenship; 

19 ‘‘(H) is subject to a court order that re20 strains such person from harassing, stalking, or 

21 threatening an intimate partner of such person 

22 or child of such intimate partner or person, or 

23 engaging in other conduct that would place an 

24 intimate partner in reasonable fear of bodily in25 jury to the partner or child, except that this 


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1 subparagraph shall only apply to a court order 

2 that— 

3 ‘‘(i) was issued after a hearing of 

4 which such person received actual notice, 

5 and at which such person had the oppor6 tunity to participate; and 

7 ‘‘(ii)(I) includes a finding that such 

8 person represents a credible threat to the 

9 physical safety of such intimate partner or 

10 child; or 

11 ‘‘(II) by its terms explicitly prohibits 

12 the use, attempted use, or threatened use 

13 of physical force against such intimate 

14 partner or child that would reasonably be 

15 expected to cause bodily injury; 

16 ‘‘(I) has been convicted in any court of a 

17 misdemeanor crime of domestic violence; 

18 ‘‘(J)(i) does not reside in any State; and 

19 ‘‘(ii) is not a citizen or lawful permanent 

20 resident of the United States; 

21 ‘‘(K) intends to sell or otherwise dispose of 

22 the firearm to a person described in any of sub23 paragraphs (A) through (J); or 

24 ‘‘(L) intends to— 


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1 ‘‘(i) use, carry, possess, or sell or oth2 erwise dispose of the firearm in further3 ance of a Federal crime of terrorism, a 

4 crime of violence, or a drug trafficking 

5 crime; or 

6 ‘‘(ii) export the firearm in violation of 

7 law. 

8 ‘‘(c) PENALTY.— 

9 ‘‘(1) IN GENERAL.—Except as provided in para10 graph (2), any person who violates subsection (b) 

11 shall be fined under this title, imprisoned for not 

12 more than 15 years, or both. 

13 ‘‘(2) USE IN CRIMES OF VIOLENCE.—If a viola14 tion of subsection (b) is committed knowing or with 

15 reasonable cause to believe that any firearm involved 

16 will be used to commit a crime of violence, the per17 son shall be sentenced to a term of imprisonment of 

18 not more than 25 years. 

19 ‘‘(d) EXCEPTIONS.—Subsection (b)(1) shall not apply 

20 to any firearm that is lawfully purchased by a person— 

21 ‘‘(1) to be given as a bona fide gift to a recipi22 ent who provided no service or tangible thing of 

23 value to acquire the firearm; 

24 ‘‘(2) to be given to a bona fide winner of an or25 ganized raffle, contest, or auction conducted in acVerDate Sep 11 2014 22:48 May 24, 2017 Jkt 069200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1185.IS S1185

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1 cordance with law and sponsored by a national, 

2 State, or local organization or association; 

3 ‘‘(3) to be given as a bona fide gratuity to a 

4 hunting guide; 

5 ‘‘(4) to be given as a bona fide bonus to an em6 ployee as the result of lawful services performed in 

7 the course of an employment relationship; or 

8 ‘‘(5) to be given as a bona fide commemorative 

9 award or honorarium, 

10 unless the purchaser knows or has reasonable cause to be11 lieve the recipient of the firearm is prohibited by Federal 

12 law from possessing, receiving, selling, shipping, trans13 porting, transferring, or otherwise disposing of the fire14 arm. 

15 ‘‘§ 933. Trafficking in firearms 

16 ‘‘(a) IN GENERAL.—It shall be unlawful for any per17 son to— 

18 ‘‘(1) ship, transport, transfer, cause to be 

19 transported, or otherwise dispose of any firearm to 

20 another person in or otherwise affecting interstate or 

21 foreign commerce, if such person knows or has rea22 sonable cause to believe that the use, carrying, or 

23 possession of a firearm by the recipient would be in 

24 violation of any Federal or State law punishable by 

25 a term of imprisonment exceeding 1 year; 


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1 ‘‘(2) receive from another person any firearm in 

2 or otherwise affecting interstate or foreign com3 merce, if the recipient knows or has reasonable 

4 cause to believe that such receipt would be in viola5 tion of any Federal or State law punishable by a 

6 term of imprisonment exceeding 1 year; or 

7 ‘‘(3) attempt or conspire to commit the conduct 

8 described in paragraph (1) or (2). 

9 ‘‘(b) PENALTY.—Any person who violates subsection 

10 (a) shall be fined under this title, imprisoned for not more 

11 than 15 years, or both. 

12 ‘‘§ 934. Forfeiture and fines 

13 ‘‘(a) FORFEITURE.— 

14 ‘‘(1) IN GENERAL.—Any person convicted of a 

15 violation of section 932 or 933 shall forfeit to the 

16 United States, irrespective of any provision of State 

17 law— 

18 ‘‘(A) any property constituting, or derived 

19 from, any proceeds the person obtained, directly 

20 or indirectly, as the result of such violation; and 

21 ‘‘(B) any of the person’s property used, or 

22 intended to be used, in any manner or part, to 

23 commit, or to facilitate the commission of, such 

24 violation, except that for any forfeiture of any 


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1 firearm or ammunition pursuant to this section, 

2 section 924(d) shall apply. 

3 ‘‘(2) IMPOSITION.—The court, in imposing sen4 tence on a person convicted of a violation of section 

5 932 or 933, shall order, in addition to any other 

6 sentence imposed pursuant to section 932 or 933, 

7 that the person forfeit to the United States all prop8 erty described in paragraph (1). 

9 ‘‘(b) FINES.—A defendant who derives profits or 

10 other proceeds from an offense under section 932 or 933 

11 may be fined not more than the greater of— 

12 ‘‘(1) the fine otherwise authorized by this part; 

13 or 

14 ‘‘(2) the amount equal to twice the gross profits 

15 or other proceeds of the offense under section 932 

16 or 933.’’. 

17 (b) TITLE III AUTHORIZATION.—Section 2516(1)(n) 

18 of title 18, United States Code, is amended by striking 

19 ‘‘sections 922 and 924’’ and inserting ‘‘section 922, 924, 

20 932, or 933’’. 

21 (c) RACKETEERING AMENDMENT.—Section 

22 1961(1)(B) of title 18, United States Code, is amended 

23 by inserting ‘‘section 932 (relating to straw purchasing), 

24 section 933 (relating to trafficking in firearms),’’ before 

25 ‘‘section 1028’’. 


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1 (d) MONEY LAUNDERING AMENDMENT.—Section 

2 1956(c)(7)(D) of title 18, United States Code, is amended 

3 by striking ‘‘section 924(n)’’ and inserting ‘‘section 

4 924(n), 932, or 933’’. 

5 (e) DIRECTIVE TO SENTENCING COMMISSION.—Pur6 suant to its authority under section 994 of title 28, United 

7 States Code, and in accordance with this section, the 

8 United States Sentencing Commission shall review and 

9 amend its guidelines and policy statements to ensure that 

10 persons convicted of an offense under section 932 or 933 

11 of title 18, United States Code, and other offenses applica12 ble to the straw purchases and firearms trafficking of fire13 arms are subject to increased penalties in comparison to 

14 those currently provided by the guidelines and policy state15 ments for such straw purchasing and firearms trafficking 

16 offenses. In its review, the Commission shall consider, in 

17 particular, an appropriate amendment to reflect the intent 

18 of Congress that straw purchasers without significant 

19 criminal histories receive sentences that are sufficient to 

20 deter participation in such activities. The Commission 

21 shall also review and amend its guidelines and policy state22 ments to reflect the intent of Congress that a person con23 victed of an offense under section 932 or 933 of title 18, 

24 United States Code, who is affiliated with a gang, cartel, 

25 organized crime ring, or other such enterprise should be 


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1 subject to higher penalties than an otherwise unaffiliated 

2 individual. 

3 (f) TECHNICAL AND CONFORMING AMENDMENT.— 

4 The table of sections for chapter 44 of title 18, United 

5 States Code, is amended by adding at the end the fol6 lowing: 

‘‘932. Straw purchasing of firearms. 

‘‘933. Trafficking in firearms. 

‘‘934. Forfeiture and fines.’’. 

7 SEC. 3. AMENDMENTS TO SECTION 922(d). 

8 Section 922(d) of title 18, United States Code, is 

9 amended— 

10 (1) in paragraph (8), by striking ‘‘or’’ at the 

11 end; 

12 (2) in paragraph (9), by striking the period at 

13 the end and inserting a semicolon; and 

14 (3) by striking the matter following paragraph 

15 (9) and inserting the following: 

16 ‘‘(10) intends to sell or otherwise dispose of the 

17 firearm or ammunition to a person described in any 

18 of paragraphs (1) through (9); or 

19 ‘‘(11) intends— 

20 ‘‘(A) to sell or otherwise dispose of the 

21 firearm or ammunition in furtherance of a Fed22 eral crime of terrorism, a crime of violence, or 

23 a drug trafficking offense, as such terms are 

24 defined in section 932(a); or 


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1 ‘‘(B) to export the firearm or ammunition 

2 in violation of law. 

3 This subsection shall not apply with respect to the sale 

4 or disposition of a firearm or ammunition to a licensed 

5 importer, licensed manufacturer, licensed dealer, or li6 censed collector who pursuant to subsection (b) of section 

7 925 is not precluded from dealing in firearms or ammuni8 tion, or to a person who has been granted relief from dis9 abilities pursuant to subsection (c) of section 925.’’. 

10 SEC. 4. AMENDMENTS TO SECTION 924(a). 

11 Section 924(a) of title 18, United States Code, is 

12 amended— 

13 (1) in paragraph (2), by striking ‘‘(d), (g),’’; 

14 and 

15 (2) by adding at the end the following: 

16 ‘‘(8) Whoever knowingly violates subsection (d) or (g) 

17 of section 922 shall be fined under this title, imprisoned 

18 for not more than 15 years, or both.’’. 

19 SEC. 5. AMENDMENTS TO SECTION 924(d). 

20 Section 924(d) of title 18, United States Code, is 

21 amended— 

22 (1) in paragraph (1), by inserting ‘‘932, or 

23 933,’’ after ‘‘section 924,’’; and 

24 (2) in paragraph (3)— 


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1 (A) in subparagraph (E), by striking 

2 ‘‘and’’ at the end; 

3 (B) in subparagraph (F), by striking the 

4 period at the end and inserting ‘‘; and’’; and 

5 (C) by adding at the end the following: 

6 ‘‘(G) any offense under section 932 or 933.’’. 

7 SEC. 6. AMENDMENTS TO SECTION 924(h). 

8 Section 924 of title 18, United States Code, is 

9 amended by striking subsection (h) and inserting the fol10 lowing: 

11 ‘‘(h)(1) Whoever knowingly receives or transfers a 

12 firearm or ammunition, or attempts or conspires to do so, 

13 knowing or having reasonable cause to believe that such 

14 firearm or ammunition will be used to commit a Federal 

15 crime of terrorism, a crime of violence, or a drug traf16 ficking crime (as such terms are defined in section 

17 932(a)), or a crime under the Arms Export Control Act 

18 (22 U.S.C. 2751 et seq.), the International Emergency 

19 Economic Powers Act (50 U.S.C. 1701 et seq.), or the 

20 Foreign Narcotics Kingpin Designation Act (21 U.S.C. 

21 1901 et seq.), shall be fined under this title, imprisoned 

22 for not more than 15 years, or both. 

23 ‘‘(2) No term of imprisonment imposed on a person 

24 under this subsection shall run concurrently with any term 


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1 of imprisonment imposed on the person under section 

2 932.’’. 

3 SEC. 7. AMENDMENTS TO SECTION 924(k). 

4 Section 924 of title 18, United States Code, is 

5 amended by striking subsection (k) and inserting the fol6 lowing: 

7 ‘‘(k)(1) A person who smuggles or knowingly brings 

8 into the United States a firearm or ammunition, or at9 tempts or conspires to do so, with intent to engage in or 

10 to promote conduct that— 

11 ‘‘(A) is punishable under the Controlled Sub12 stances Import and Export Act (21 U.S.C. 951 et 

13 seq.), or chapter 705 of title 46; or 

14 ‘‘(B) constitutes a Federal crime of terrorism, 

15 a crime of violence, or a drug trafficking crime (as 

16 such terms are defined in section 932(a)), 

17 shall be fined under this title, imprisoned for not more 

18 than 15 years, or both. 

19 ‘‘(2) A person who smuggles or knowingly takes out 

20 of the United States a firearm or ammunition, or attempts 

21 or conspires to do so, with intent to engage in or to pro22 mote conduct that— 

23 ‘‘(A) would be punishable under the Controlled 

24 Substances Import and Export Act (21 U.S.C. 951 


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1 et seq.), or chapter 705 of title 46, if the conduct 

2 had occurred within the United States; or 

3 ‘‘(B) would constitute a Federal crime of ter4 rorism or a crime of violence (as such terms are de5 fined in section 932(a)) for which the person may be 

6 prosecuted in a court of the United States, if the 

7 conduct had occurred within the United States, 

8 shall be fined under this title, imprisoned for not more 

9 than 15 years, or both.’’. 

10 SEC. 8. PROHIBITION ON FIREARMS TRANSFERS TO 

11 AGENTS OF DRUG CARTELS. 

12 The Department of Justice, and any of its law en13 forcement coordinate agencies, shall not conduct or other14 wise facilitate the transfer of an operable firearm to an 

15 individual if any law enforcement officer employed by the 

16 Department of Justice involved with the transfer knows 

17 or has reasonable cause to believe that the recipient of 

18 the firearm is an agent of a drug cartel, unless law en19 forcement personnel of the United States continuously 

20 monitor or control the firearm at all times. 

21 SEC. 9. RULE OF CONSTRUCTION. 

22 Nothing in this Act, or an amendment made by this 

23 Act, shall be construed to allow the establishment of a 


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1 Federal system of registration of firearms, firearms own2 ership, or firearms transactions or dispositions. 

Æ 


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