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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 54 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                 S. 54

     To increase public safety by punishing and deterring firearms 
                              trafficking.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

             January 22 (legislative day, January 3), 2013

 Mr. Leahy (for himself 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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Stop Illegal Trafficking in Firearms 
Act of 2013''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Punishing and deterring straw purchasing of firearms.
Sec. 4. Amendments to section 922(a)(6).
Sec. 5. Amendments to section 922(d).
Sec. 6. Amendments to section 924(h).
Sec. 7. Amendments to section 924(k).

SEC. 3. PUNISHING AND DETERRING STRAW PURCHASING OF FIREARMS.

    (a) In General.--Chapter 44 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 932. Straw purchasing of firearms
    ``(a) Any person (other than a licensed importer, licensed 
manufacturer, or licensed dealer) who knowingly purchases any firearm 
for, on behalf of, or with intent to transfer it to, any other person, 
if that firearm has moved in or otherwise affected interstate or 
foreign commerce, or attempts or conspires to do so, shall be fined 
under this title, imprisoned not more than 20 years or both. For 
purposes of this section, the term `purchases' includes the receipt of 
any firearm from pawn or on consignment by a person who does not own 
the firearm.
    ``(b) Subsection (a) shall not apply to any firearm that is 
lawfully purchased by a person--
            ``(1) to be given as a bona fide gift to a recipient who 
        provided no service or tangible thing of value to acquire the 
        firearm, unless the person knows or has reason to believe such 
        recipient is prohibited by Federal, State, or local law from 
        possessing, receiving, selling, shipping, transporting, 
        transferring, or otherwise disposing of the firearm; or
            ``(2) to be given to a bona fide winner of an organized 
        raffle, contest, or auction conducted in accordance with law 
        and sponsored by a national, State, or local organization or 
        association, unless the person knows or has reason to believe 
        such recipient is prohibited by Federal, State, or local law 
        from possessing, purchasing, receiving, selling, shipping, 
        transporting, transferring, or otherwise disposing of the 
        firearm.
    ``(c) If any violation of subsection (a) is committed knowing or 
with reasonable cause to believe that any firearm involved will be used 
to commit a crime of violence, the person shall be sentenced to a term 
of imprisonment of not more than 30 years.
``Sec. 933. Forfeiture and fines
    ``(a)(1) Any person convicted of a violation of this chapter shall 
forfeit to the United States, irrespective of any provision of State 
law--
            ``(A) any property constituting, or derived from, any 
        proceeds the person obtained, directly or indirectly, as the 
        result of such violation; and
            ``(B) any of the person's property used, or intended to be 
        used, in any manner or part, to commit, or to facilitate the 
        commission of, such violation.
    ``(2) The court, in imposing sentence on a person convicted of a 
violation of this chapter, shall order, in addition to any other 
sentence imposed pursuant to this chapter, that the person forfeit to 
the United States all property described in paragraph (1).
    ``(b) A defendant who derives profits or other proceeds from an 
offense under this chapter may be fined not more than the greater of--
            ``(1) the fine otherwise authorized by this part; and
            ``(2) the amount equal to twice the gross profits or other 
        proceeds of the offense under this chapter.''.
    (b) Title III Authorization.--Section 2516(1)(n) of title 18, 
United States Code, is amended by striking ``and 924(n)'' and inserting 
``, 924, and 932''.
    (c) Racketeering Amendment.--Section 1961(1)(B) of title 18, United 
States Code, is amended by adding at the end the following: ``section 
932 (relating to trafficking in firearms),''.
    (d) Money Laundering Amendment.--Section 1956(c)(7)(D) of title 18, 
United States Code, is amended by striking ``section 924(n)'' and 
inserting ``sections 924(n) and 932''.
    (e) Directive to Sentencing Commission.--Pursuant to its authority 
under section 994 of title 28, United States Code, and in accordance 
with this section, the United States Sentencing Commission shall review 
and amend its guidelines and policy statements to ensure that persons 
convicted of an offense under section 932 of title 18, United States 
Code and other offenses applicable to the straw purchases of firearms 
are subject to increased penalties in comparison to those currently 
provided by the guidelines and policy statements for such straw 
purchasing offenses. In carrying out this subsection, the Commission 
shall ensure that the sentencing guidelines and policy statements 
reflect Congress' intent that the applicable guideline penalties be 
increased and the guidelines and policy statements reflect the 
extremely serious nature of the offenses described in the amendment 
made by subsection (a), the incidence of such offenses, and the need 
for an effective deterrent and appropriate punishment to prevent such 
offenses.
    (f) Technical and Conforming Amendment.--The table of sections of 
chapter 44 of title 18, United States Code, is amended by adding at the 
end the following:

``932. Straw purchasing of firearms.
``933. Forfeiture and fines.''.

SEC. 4. AMENDMENTS TO SECTION 922(A)(6).

    Section 922(a) of title 18, United States Code, is amended by 
adding at the end the following:
``For purposes of paragraph (6), in addition to the eligibility of a 
person to ship, transport, receive, or possess any firearm or 
ammunition, information concerning the identity, age, place of 
residence (to include address), and citizenship or immigration status 
of a person shall be considered material to the lawfulness of the sale 
or other disposition of a firearm or ammunition''.

SEC. 5. AMENDMENTS TO SECTION 922(D).

    Section 922(d) of title 18, United States Code, is amended--
            (1) in paragraph (8), by striking ``or'' at the end;
            (2) in paragraph (9), by striking the period at the end and 
        inserting ``;''; and
            (3) by striking the matter following paragraph (9) and 
        inserting the following:
            ``(10) is prohibited by State or local law from possessing, 
        receiving, selling, shipping, transporting, transferring, or 
        otherwise disposing of the firearm or ammunition;
            ``(11) intends to sell or otherwise dispose of the firearm 
        or ammunition to a person described in any of paragraphs (1) 
        through (10); or
            ``(12) intends to sell or otherwise dispose of the firearm 
        or ammunition in furtherance of a crime of violence or drug 
        trafficking offense or to export the firearm or ammunition in 
        violation of law.
This subsection shall not apply with respect to the sale or disposition 
of a firearm or ammunition to a licensed importer, licensed 
manufacturer, licensed dealer, or licensed collector who pursuant to 
subsection (b) of section 925 is not precluded from dealing in firearms 
or ammunition, or to a person who has been granted relief from 
disabilities pursuant to subsection (c) of section 925.''.

SEC. 6. AMENDMENTS TO SECTION 924(H).

    Section 924 of title 18, United States Code, is amended by striking 
subsection (h) and inserting the following:
    ``(h)(1) Whoever knowingly receives or transfers a firearm or 
ammunition, or attempts or conspires to do so, knowing or having 
reasonable cause to believe that such firearm or ammunition will be 
used to commit a crime of violence (as defined in subsection (c)(3)), a 
drug trafficking crime (as defined in subsection (c)(2)), or a crime 
under the Arms Export Control Act (22 U.S.C. 2751 et seq.), the 
International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), 
the Foreign Narcotics Kingpin Designation Act (21 U.S.C. 1901 et seq.), 
or section 212(a)(2)(C) of the Immigration and Nationality Act (8 
U.S.C. 1182(a)(2)(C)) shall be imprisoned not more than 30 years, fined 
in accordance with this title, or both.
    ``(2) No term of imprisonment imposed on a person under this 
subsection shall run concurrently with any term of imprisonment imposed 
on the person under section 932.''.

SEC. 7. AMENDMENTS TO SECTION 924(K).

    Section 924 of title 18, United States Code, is amended by striking 
subsection (k) and inserting the following:
    ``(k)(1) A person who, with intent to engage in or to promote 
conduct that--
            ``(A) is punishable under the Controlled Substances Act (21 
        U.S.C. 801 et seq.), the Controlled Substances Import and 
        Export Act (21 U.S.C. 951 et seq.), or chapter 705 of title 46;
            ``(B) violates any law of a State relating to any 
        controlled substance (as defined in section 102 of the 
        Controlled Substances Act, 21 U.S.C. 802); or
            ``(C) constitutes a crime of violence (as defined in 
        subsection (c)(3)),
smuggles or knowingly brings into the United States, a firearm or 
ammunition, or attempts or conspires to do so, shall be imprisoned not 
more than 10 years, fined under this title, or both.
    ``(2) A person who, with intent to engage in or to promote conduct 
that--
            ``(A) would be punishable under the Controlled Substances 
        Act (21 U.S.C. 801 et seq.), the Controlled Substances Import 
        and Export Act (21 U.S.C. 951 et seq.), or chapter 705 of title 
        46, if the conduct had occurred within the United States; or
            ``(B) would constitute a crime of violence (as defined in 
        subsection (c)(3)) for which the person may be prosecuted in a 
        court of the United States, if the conduct had occurred within 
        the United States,
smuggles or knowingly takes out of the United States, a firearm or 
ammunition, or attempts or conspires to do so, shall be imprisoned not 
more than 10 years, fined under this title, or both.''.
                                 <all>
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