II 

113TH CONGRESS 

1ST SESSION S. 179 

To prevent gun trafficking. 

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 

A BILL 

To prevent gun 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 ‘‘Gun Trafficking Pre5 vention Act of 2013’’. 

6 SEC. 2. FIREARMS TRAFFICKING. 

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

8 States Code, is amended by adding at the end the fol9 lowing: 

10 ‘‘§ 932. Trafficking in firearms 

11 ‘‘(a) OFFENSES.—It shall be unlawful for any person, 

12 regardless of whether anything of value is exchanged— 


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•S 179 IS

1 ‘‘(1) to ship, transport, transfer, or otherwise 

2 dispose to a person, 2 or more firearms in or affect3 ing interstate or foreign commerce, if the transferor 

4 knows or has reasonable cause to believe that such 

5 use, carry, possession, or disposition of the firearm 

6 would be in violation of, or would result in a viola7 tion of any Federal, State, or local law punishable 

8 by a term of imprisonment exceeding 1 year; 

9 ‘‘(2) to receive from a person, 2 or more fire10 arms in or affecting interstate or foreign commerce, 

11 if the recipient knows or has reasonable cause to be12 lieve that such receipt would be in violation of, or 

13 would result in a violation of any Federal, State, or 

14 local law punishable by a term of imprisonment ex15 ceeding 1 year; 

16 ‘‘(3) to make false statements regarding an ac17 tual buyer to a licensed importer, licensed manufac18 turer, or licensed dealer, relating to the purchase, 

19 receipt, or acquisition from a licensed importer, li20 censed manufacturer, or licensed dealer of 2 or more 

21 firearms that have moved in or affected interstate or 

22 foreign commerce; or 

23 ‘‘(4) to direct, promote, or facilitate conduct 

24 specified in paragraphs (1), (2), or (3). 


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•S 179 IS

1 ‘‘(b) GIFT EXCEPTIONS.—Subsection (a) shall not 

2 apply to a firearm that is— 

3 ‘‘(1) lawfully acquired by a person to be given 

4 to another person not prohibited from possessing a 

5 firearm under Federal or State law as a gift; or 

6 ‘‘(2) lawfully received or otherwise acquired by 

7 a court-appointed trustee, receiver, or conservator 

8 for, or on behalf of, an estate or creditor or by a 

9 person to carry out a bequest, or an acquisition by 

10 intestate succession under the laws of the State of 

11 residence of the person. 

12 ‘‘(c) PENALTIES.— 

13 ‘‘(1) IN GENERAL.—Any person who violates, or 

14 conspires to violate, subsection (a) shall be fined 

15 under this title, imprisoned for not more than 20 

16 years, or both. 

17 ‘‘(2) ORGANIZER ENHANCEMENT.—If a viola18 tion of subsection (a) is committed by a person in 

19 concert with 5 or more other persons with respect to 

20 whom such person occupies a position of organizer, 

21 a supervisory position, or any other position of man22 agement, such person may be sentenced to an addi23 tional term of imprisonment of not more than 5 con24 secutive years. 

25 ‘‘(d) DEFINITIONS.—In this subsection— 


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1 ‘‘(1) the term ‘actual buyer’ means the indi2 vidual for whom the firearm is being purchased, as 

3 described in paragraph (1)(C); and 

4 ‘‘(2) the term ‘term of imprisonment exceeding 

5 1 year’ does not include any offense classified by 

6 such jurisdiction as a misdemeanor and punishable 

7 by a term of imprisonment of 2 years or less.’’. 

8 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

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

10 States Code, is amended by adding at the end the fol11 lowing: 

‘‘932. Trafficking in firearms.’’. 

12 (c) DIRECTIVE TO THE SENTENCING COMMISSION.— 

13 (1) IN GENERAL.—Pursuant to its authority 

14 under section 994(p) of title 28, United States Code, 

15 the United States Sentencing Commission shall re16 view and, if appropriate, amend the Federal sen17 tencing guidelines and policy statements applicable 

18 to persons convicted of offenses under section 932 of 

19 title 18, United States Code (as added by subsection 

20 (a)). 

21 (2) REQUIREMENTS.—In carrying out this sec22 tion, the Commission shall— 

23 (A) review the penalty structure that the 

24 guidelines currently provide based on the num25 ber of firearms involved in the offense and deVerDate Mar 15 2010 03:07 Feb 07, 2013 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S179.IS S179

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1 termine whether any changes to that penalty 

2 structure are appropriate in order to reflect the 

3 intent of Congress that such penalties reflect 

4 the gravity of the offense; and 

5 (B) review and amend, if appropriate, the 

6 guidelines and policy statements to reflect the 

7 intent of Congress that guideline penalties for 

8 violations of section 932 of title 18, United 

9 States Code, and similar offenses be increased 

10 substantially when committed by a person who 

11 is a member of a gang, cartel, organized crime 

12 ring, or other such enterprise or in concert with 

13 another person who is a member of a gang, car14 tel, organized crime ring or other such enter15 prise. 

Æ 


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