II 

Calendar No. 40 

113TH CONGRESS 

1ST SESSION S. 730 

To prevent criminals from obtaining firearms through straw purchasing and 

trafficking. 

IN THE SENATE OF THE UNITED STATES 

APRIL 15, 2013 

Mr. CRUZ (for himself and Mr. HELLER) introduced the following bill; which 

was read the first time 

APRIL 16, 2013 

Read the second time and placed on the calendar 

A BILL 

To prevent criminals from obtaining firearms through straw 

purchasing and 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 ‘‘Firearm Straw Pur5 chasing and Trafficking Prevention Act’’. 


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1 SEC. 2. STRAW PURCHASING OF FIREARMS. 

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

3 States Code, is amended by adding at the end the fol4 lowing: 

5 ‘‘§ 932. Straw purchasing of firearms 

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

7 ‘‘(1) the term ‘crime of violence’ has the mean8 ing given that term in section 924(c)(3); 

9 ‘‘(2) the term ‘drug trafficking crime’ has the 

10 meaning given that term in section 924(c)(2); and 

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

12 the meaning given that term in section 2332b(g). 

13 ‘‘(b) OFFENSE.—It shall be unlawful for any person 

14 to— 

15 ‘‘(1) purchase or otherwise obtain a firearm, 

16 which has been shipped, transported, or received in 

17 interstate or foreign commerce, for or on behalf of 

18 any other person who the person purchasing or oth19 erwise obtaining the firearm knows— 

20 ‘‘(A) is prohibited from possessing or re21 ceiving a firearm under subsection (g) or (n) of 

22 section 922; 

23 ‘‘(B) intends to use, carry, possess, or sell 

24 or otherwise dispose of the firearm in further25 ance of a crime of violence, a drug trafficking 

26 crime, or a Federal crime of terrorism; 


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1 ‘‘(C) intends to engage in conduct that 

2 would constitute a crime of violence, a drug 

3 trafficking crime, or a Federal crime of ter4 rorism if the conduct had occurred within the 

5 United States; or 

6 ‘‘(D) is not a resident of any State and is 

7 not a citizen or lawful permanent resident of 

8 the United States; or 

9 ‘‘(2) willfully procure another to engage in con10 duct described in paragraph (1). 

11 ‘‘(c) PENALTY.—Any person who violates subsection 

12 (b) shall be fined under this title, imprisoned not more 

13 than 15 years, or both. 

14 ‘‘§ 933. Trafficking in firearms 

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

16 ‘‘(1) the term ‘crime of violence’ has the mean17 ing given that term in section 924(c)(3); 

18 ‘‘(2) the term ‘drug trafficking crime’ has the 

19 meaning given that term in section 924(c)(2); and 

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

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

22 ‘‘(b) OFFENSE.—It shall be unlawful for any person 

23 to— 

24 ‘‘(1) ship, transport, transfer, or otherwise dis25 pose of 2 or more firearms to another person in or 


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1 otherwise affecting interstate or foreign commerce, if 

2 the person shipping, transporting, transferring, or 

3 otherwise disposing of the firearms knows that the 

4 use, carrying, or possession of a firearm by the 

5 transferee would violate subsection (g) or (n) of sec6 tion 922, or constitute a crime of violence, a drug 

7 trafficking crime, or a Federal crime of terrorism; 

8 ‘‘(2) receive from another person 2 or more 

9 firearms in or otherwise affecting interstate or for10 eign commerce, if the recipient— 

11 ‘‘(A) knows that such receipt would violate 

12 subsection (g) or (n) of section 922; or 

13 ‘‘(B) intends to use the firearm in further14 ance of a crime of violence, a drug trafficking 

15 crime, or a Federal crime of terrorism; or 

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

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

18 ‘‘(c) PENALTIES.— 

19 ‘‘(1) IN GENERAL.—Any person who violates 

20 subsection (b) shall be fined under this title, impris21 oned not more than 15 years, or both. 

22 ‘‘(2) ORGANIZER.—If a violation of subsection 

23 (b) is committed by a person acting in concert with 

24 other persons as an organizer, leader, supervisor, or 


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1 manager, the person shall be fined under this title, 

2 imprisoned not more than 20 years, or both.’’. 

3 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

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

5 States Code, is amended by inserting after the item relat6 ing to section 931 the following: 

‘‘932. Straw purchasing of firearms. 

‘‘933. Trafficking in firearms.’’. 

7 (c) DIRECTIVE TO THE SENTENCING COMMISSION.— 

8 Pursuant to its authority under section 994 of title 28, 

9 United States Code, and in accordance with this section, 

10 the United States Sentencing Commission shall review and 

11 amend its guidelines and policy statements to ensure that 

12 persons convicted of an offense under section 932 or 933 

13 of title 18, United States Code, and other offenses applica14 ble to the straw purchases and firearms trafficking of fire15 arms are subject to increased penalties in comparison to 

16 those currently provided by the guidelines and policy state17 ments for such straw purchasing and firearms trafficking 

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

19 particular, an appropriate amendment to reflect the intent 

20 of Congress that straw purchasers without significant 

21 criminal histories receive sentences that are sufficient to 

22 deter participation in such activities. The Commission 

23 shall also review and amend its guidelines and policy state24 ments to reflect the intent of Congress that a person conVerDate Mar 15 2010 22:01 Apr 17, 2013 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S730.PCS S730

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1 victed of an offense under section 932 or 933 of title 18, 

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

3 organized crime ring, or other such enterprise should be 

4 subject to higher penalties than an otherwise unaffiliated 

5 individual. 

6 SEC. 3. INCREASED PENALTIES FOR LYING AND BUYING. 

7 Section 924(a)(1) of title 18, United States Code, is 

8 amended in the undesignated matter following subpara9 graph (D) by striking ‘‘five years’’ and inserting the fol10 lowing: ‘‘5 years (or, in the case of a violation under sub11 paragraph (A), not more than 10 years)’’. 

12 SEC. 4. AMENDMENTS TO SECTION 924(h). 

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

14 amended by striking subsection (h) and inserting the fol15 lowing: 

16 ‘‘(h) Whoever knowingly receives or transfers a fire17 arm or ammunition, or attempts or conspires to do so, 

18 knowing that such firearm or ammunition will be used to 

19 commit a crime of violence (as defined in subsection 

20 (c)(3)), a drug trafficking crime (as defined in subsection 

21 (c)(2)), a Federal crime of terrorism (as defined in section 

22 2332b(g)), or a crime under the Arms Export Control Act 

23 (22 U.S.C. 2751 et seq.), the International Emergency 

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

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


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1 1901 et seq.), shall be imprisoned not more than 15 years, 

2 fined in accordance with this title, or both.’’. 

3 SEC. 5. AMENDMENTS TO SECTION 924(a). 

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

5 amended— 

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

7 and 

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

9 ‘‘(8) Whoever knowingly violates subsection (d), (g), 

10 or (n) of section 922 shall be fined under this title, impris11 oned not more than 15 years, or both.’’. 

12 SEC. 6. AMENDMENTS TO SECTION 924(k). 

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

14 amended by striking subsection (k) and inserting the fol15 lowing: 

16 ‘‘(k)(1) A person who, with intent to engage in or 

17 promote conduct that— 

18 ‘‘(A) is punishable under the Controlled Sub19 stances Act (21 U.S.C. 801 et seq.), the Controlled 

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

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

22 ‘‘(B) violates any law of a State relating to any 

23 controlled substance (as defined in section 102 of 

24 the Controlled Substances Act, 21 U.S.C. 802); 


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1 ‘‘(C) constitutes a crime of violence (as defined 

2 in subsection (c)(3)); or 

3 ‘‘(D) constitutes a Federal crime of terrorism 

4 (as defined in section 2332b(g)), 

5 smuggles or knowingly brings into the United States, a 

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

7 shall be imprisoned not more than 15 years, fined under 

8 this title, or both. 

9 ‘‘(2) A person who, with intent to engage in or to 

10 promote conduct that— 

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

12 Substances Act (21 U.S.C. 801 et seq.), the Con13 trolled Substances Import and Export Act (21 

14 U.S.C. 951 et seq.), or chapter 705 of title 46, if the 

15 conduct had occurred within the United States; or 

16 ‘‘(B) would constitute a crime of violence (as 

17 defined in subsection (c)(3)) or a Federal crime of 

18 terrorism (as defined in section 2332b(g)) for which 

19 the person may be prosecuted in a court of the 

20 United States, if the conduct had occurred within 

21 the United States, 

22 smuggles or knowingly takes out of the United States, a 

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

24 shall be imprisoned not more than 15 years, fined under 

25 this title, or both.’’. 


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Calendar No. 40 

113TH CONGRESS 

1ST SESSION S. 730 

A BILL 

To prevent criminals from obtaining firearms 

through straw purchasing and trafficking. 

APRIL 16, 2013 

Read the second time and placed on the calendar 


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