II 

Calendar No. 23 

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, Mr. DURBIN, Mr. BLUMENTHAL, and Ms. COLLINS) 

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

Committee on the Judiciary 

MARCH 11, 2013 

Reported by Mr. LEAHY, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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 2013’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 The table of contents for this Act is as follows: 


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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). 

1 SEC. 3. PUNISHING AND DETERRING STRAW PURCHASING 

2 OF FIREARMS. 

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

4 States Code, is amended by adding at the end the fol5 lowing: 

6 ‘‘§ 932. Straw purchasing of firearms 

7 ‘‘(a) Any person (other than a licensed importer, li8 censed manufacturer, or licensed dealer) who knowingly 

9 purchases any firearm for, on behalf of, or with intent to 

10 transfer it to, any other person, if that firearm has moved 

11 in or otherwise affected interstate or foreign commerce, 

12 or attempts or conspires to do so, shall be fined under 

13 this title, imprisoned not more than 20 years or both. For 

14 purposes of this section, the term ‘purchases’ includes the 

15 receipt of any firearm from pawn or on consignment by 

16 a person who does not own the firearm. 

17 ‘‘(b) Subsection (a) shall not apply to any firearm 

18 that is lawfully purchased by a person— 

19 ‘‘(1) to be given as a bona fide gift to a recipi20 ent who provided no service or tangible thing of 

21 value to acquire the firearm, unless the person 

22 knows or has reason to believe such recipient is proVerDate Mar 15 2010 22:34 Mar 12, 2013 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S54.RS S54

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1 hibited by Federal, State, or local law from pos2 sessing, receiving, selling, shipping, transporting, 

3 transferring, or otherwise disposing of the firearm; 

4 or 

5 ‘‘(2) to be given to a bona fide winner of an or6 ganized raffle, contest, or auction conducted in ac7 cordance with law and sponsored by a national, 

8 State, or local organization or association, unless the 

9 person knows or has reason to believe such recipient 

10 is prohibited by Federal, State, or local law from 

11 possessing, purchasing, receiving, selling, shipping, 

12 transporting, transferring, or otherwise disposing of 

13 the firearm. 

14 ‘‘(c) If any violation of subsection (a) is committed 

15 knowing or with reasonable cause to believe that any fire16 arm involved will be used to commit a crime of violence, 

17 the person shall be sentenced to a term of imprisonment 

18 of not more than 30 years. 

19 ‘‘§ 933. Forfeiture and fines 

20 ‘‘(a)(1) Any person convicted of a violation of this 

21 chapter shall forfeit to the United States, irrespective of 

22 any provision of State law— 

23 ‘‘(A) any property constituting, or derived from, 

24 any proceeds the person obtained, directly or indi25 rectly, as the result of such violation; and 


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1 ‘‘(B) any of the person’s property used, or in2 tended to be used, in any manner or part, to com3 mit, or to facilitate the commission of, such viola4 tion. 

5 ‘‘(2) The court, in imposing sentence on a person con6 victed of a violation of this chapter, shall order, in addition 

7 to any other sentence imposed pursuant to this chapter, 

8 that the person forfeit to the United States all property 

9 described in paragraph (1). 

10 ‘‘(b) A defendant who derives profits or other pro11 ceeds from an offense under this chapter may be fined 

12 not more than the greater of— 

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

14 and 

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

16 or other proceeds of the offense under this chap17 ter.’’. 

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

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

20 ‘‘and 924(n)’’ and inserting ‘‘, 924, and 932’’. 

21 (c) RACKETEERING AMENDMENT.—Section 

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

23 by adding at the end the following: ‘‘section 932 (relating 

24 to trafficking in firearms),’’. 


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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 ‘‘sections 

4 924(n) and 932’’. 

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 of title 

11 18, United States Code and other offenses applicable to 

12 the straw purchases of firearms are subject to increased 

13 penalties in comparison to those currently provided by the 

14 guidelines and policy statements for such straw pur15 chasing offenses. In carrying out this subsection, the Com16 mission shall ensure that the sentencing guidelines and 

17 policy statements reflect Congress’ intent that the applica18 ble guideline penalties be increased and the guidelines and 

19 policy statements reflect the extremely serious nature of 

20 the offenses described in the amendment made by sub21 section (a), the incidence of such offenses, and the need 

22 for an effective deterrent and appropriate punishment to 

23 prevent such offenses. 

24 (f) TECHNICAL AND CONFORMING AMENDMENT.— 

25 The table of sections of chapter 44 of title 18, United 


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1 States Code, is amended by adding at the end the fol2 lowing: 

‘‘932. Straw purchasing of firearms. 

‘‘933. Forfeiture and fines.’’. 

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

4 Section 922(a) of title 18, United States Code, is 

5 amended by adding at the end the following: 

6 ‘‘For purposes of paragraph (6), in addition to the eligi7 bility of a person to ship, transport, receive, or possess 

8 any firearm or ammunition, information concerning the 

9 identity, age, place of residence (to include address), and 

10 citizenship or immigration status of a person shall be con11 sidered material to the lawfulness of the sale or other dis12 position of a firearm or ammunition’’. 

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

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

15 amended— 

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

17 end; 

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

19 the end and inserting ‘‘;’’; and 

20 (3) by striking the matter following paragraph 

21 (9) and inserting the following: 

22 ‘‘(10) is prohibited by State or local law from 

23 possessing, receiving, selling, shipping, transporting, 


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1 transferring, or otherwise disposing of the firearm or 

2 ammunition; 

3 ‘‘(11) intends to sell or otherwise dispose of the 

4 firearm or ammunition to a person described in any 

5 of paragraphs (1) through (10); or 

6 ‘‘(12) intends to sell or otherwise dispose of the 

7 firearm or ammunition in furtherance of a crime of 

8 violence or drug trafficking offense or to export the 

9 firearm or ammunition in violation of law. 

10 This subsection shall not apply with respect to the sale 

11 or disposition of a firearm or ammunition to a licensed 

12 importer, licensed manufacturer, licensed dealer, or li13 censed collector who pursuant to subsection (b) of section 

14 925 is not precluded from dealing in firearms or ammuni15 tion, or to a person who has been granted relief from dis16 abilities pursuant to subsection (c) of section 925.’’. 

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

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

19 amended by striking subsection (h) and inserting the fol20 lowing: 

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

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

23 knowing or having reasonable cause to believe that such 

24 firearm or ammunition will be used to commit a crime of 

25 violence (as defined in subsection (c)(3)), a drug trafVerDate Mar 15 2010 22:34 Mar 12, 2013 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6401 E:\BILLS\S54.RS S54

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1 ficking crime (as defined in subsection (c)(2)), or a crime 

2 under the Arms Export Control Act (22 U.S.C. 2751 et 

3 seq.), the International Emergency Economic Powers Act 

4 (50 U.S.C. 1701 et seq.), the Foreign Narcotics Kingpin 

5 Designation Act (21 U.S.C. 1901 et seq.), or section 

6 212(a)(2)(C) of the Immigration and Nationality Act (8 

7 U.S.C. 1182(a)(2)(C)) shall be imprisoned not more than 

8 30 years, fined in accordance with this title, or both. 

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

10 under this subsection shall run concurrently with any term 

11 of imprisonment imposed on the person under section 

12 932.’’. 

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

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

15 amended by striking subsection (k) and inserting the fol16 lowing: 

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

18 to promote conduct that— 

19 ‘‘(A) is punishable under the Controlled Sub20 stances Act (21 U.S.C. 801 et seq.), the Controlled 

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

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

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

24 controlled substance (as defined in section 102 of 

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


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

2 in subsection (c)(3)), 

3 smuggles or knowingly brings into the United States, a 

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

5 shall be imprisoned not more than 10 years, fined under 

6 this title, or both. 

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

8 promote conduct that— 

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

10 Substances Act (21 U.S.C. 801 et seq.), the Con11 trolled Substances Import and Export Act (21 

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

13 conduct had occurred within the United States; or 

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

15 defined in subsection (c)(3)) for which the person 

16 may be prosecuted in a court of the United States, 

17 if the conduct had occurred within the United 

18 States, 

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

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

21 shall be imprisoned not more than 10 years, fined under 

22 this title, or both.’’. 

23 SECTION 1. SHORT TITLE. 

24 This Act may be cited as the ‘‘Stop Illegal Trafficking 

25 in Firearms Act of 2013’’. 


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1 SEC. 2. TABLE OF CONTENTS. 

2 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. Hadiya Pendleton and Nyasia Pryear-Yard anti-straw purchasing and 

firearms trafficking amendments. 

Sec. 4. Amendments to section 922(d). 

Sec. 5. Amendments to section 924(a). 

Sec. 6. Amendments to section 924(h). 

Sec. 7. Amendments to section 924(k). 

Sec. 8. Limitation on operations by the Department of Justice. 

3 SEC. 3. HADIYA PENDLETON AND NYASIA PRYEAR-YARD 

4 ANTI-STRAW PURCHASING AND FIREARMS 

5 TRAFFICKING AMENDMENTS. 

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

7 States Code, is amended by adding at the end the following: 

8 ‘‘§ 932. Straw purchasing of firearms 

9 ‘‘(a) For purposes of this section— 

10 ‘‘(1) the term ‘crime of violence’ has the meaning 

11 given that term in section 924(c)(3); 

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

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

14 ‘‘(3) the term ‘purchase’ includes the receipt of 

15 any firearm by a person who does not own the fire16 arm— 

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

18 for the payment or repayment of money; or 

19 ‘‘(B) on consignment. 

20 ‘‘(b) It shall be unlawful for any person (other than 

21 a licensed importer, licensed manufacturer, licensed colVerDate Mar 15 2010 22:34 Mar 12, 2013 Jkt 029200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\S54.RS S54

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1 lector, or licensed dealer) to knowingly purchase, or attempt 

2 or conspire to purchase, any firearm in or otherwise affect3 ing interstate or foreign commerce— 

4 ‘‘(1) from a licensed importer, licensed manufac5 turer, licensed collector, or licensed dealer for, on be6 half of, or at the request or demand of any other per7 son, known or unknown; or 

8 ‘‘(2) from any person who is not a licensed im9 porter, licensed manufacturer, licensed collector, or li10 censed dealer for, on behalf of, or at the request or de11 mand of any other person, known or unknown, know12 ing or having reasonable cause to believe that such 

13 other person— 

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

15 convicted in any court of, a crime punishable by 

16 imprisonment for a term exceeding 1 year; 

17 ‘‘(B) is a fugitive from justice; 

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

19 any controlled substance (as defined in section 

20 102 of the Controlled Substances Act (21 U.S.C. 

21 802)); 

22 ‘‘(D) has been adjudicated as a mental de23 fective or has been committed to any mental in24 stitution; 

25 ‘‘(E) is an alien who— 


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

2 United States; or 

3 ‘‘(ii) except as provided in section 

4 922(y)(2), has been admitted to the United 

5 States under a nonimmigrant visa (as that 

6 term is defined in section 101(a)(26) of the 

7 Immigration and Nationality Act (8 U.S.C. 

8 1101(a)(26)); 

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

10 Forces under dishonorable conditions; 

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

12 States, has renounced his or her citizenship; 

13 ‘‘(H) is subject to a court order that re14 strains such person from harassing, stalking, or 

15 threatening an intimate partner of such person 

16 or child of such intimate partner or person, or 

17 engaging in other conduct that would place an 

18 intimate partner in reasonable fear of bodily in19 jury to the partner or child, except that this sub20 paragraph shall only apply to a court order 

21 that— 

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

23 which such person received actual notice, 

24 and at which such person had the oppor25 tunity to participate; and 


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

2 person represents a credible threat to the 

3 physical safety of such intimate partner or 

4 child; or 

5 ‘‘(II) by its terms explicitly prohibits 

6 the use, attempted use, or threatened use of 

7 physical force against such intimate part8 ner or child that would reasonably be ex9 pected to cause bodily injury; 

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

11 misdemeanor crime of domestic violence; 

12 ‘‘(J) intends to— 

13 ‘‘(i) use, carry, possess, or sell or other14 wise dispose of the firearm or ammunition 

15 in furtherance of a crime of violence or drug 

16 trafficking crime; or 

17 ‘‘(ii) export the firearm or ammunition 

18 in violation of law; 

19 ‘‘(K)(i) does not reside in any State; and 

20 ‘‘(ii) is not a citizen of the United States; 

21 or 

22 ‘‘(L) intends to sell or otherwise dispose of 

23 the firearm or ammunition to a person described 

24 in any of subparagraphs (A) through (K). 


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1 ‘‘(c)(1) Except as provided in paragraph (2), any per2 son who violates subsection (b) shall be fined under this 

3 title, imprisoned for not more than 15 years, or both. 

4 ‘‘(2) If a violation of subsection (b) is committed know5 ing or with reasonable cause to believe that any firearm 

6 involved will be used to commit a crime of violence, the 

7 person shall be sentenced to a term of imprisonment of not 

8 more than 25 years. 

9 ‘‘(d) Subsection (b)(1) shall not apply to any firearm 

10 that is lawfully purchased by a person— 

11 ‘‘(1) to be given as a bona fide gift to a recipient 

12 who provided no service or tangible thing of value to 

13 acquire the firearm, unless the person knows or has 

14 reasonable cause to believe such recipient is prohibited 

15 by Federal law from possessing, receiving, selling, 

16 shipping, transporting, transferring, or otherwise dis17 posing of the firearm; or 

18 ‘‘(2) to be given to a bona fide winner of an or19 ganized raffle, contest, or auction conducted in ac20 cordance with law and sponsored by a national, 

21 State, or local organization or association, unless the 

22 person knows or has reasonable cause to believe such 

23 recipient is prohibited by Federal law from pos24 sessing, purchasing, receiving, selling, shipping, 


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1 transporting, transferring, or otherwise disposing of 

2 the firearm. 

3 ‘‘§ 933. Trafficking in firearms 

4 ‘‘(a) It shall be unlawful for any person to— 

5 ‘‘(1) ship, transport, transfer, cause to be trans6 ported, or otherwise dispose of 2 or more firearms to 

7 another person in or otherwise affecting interstate or 

8 foreign commerce, if the transferor knows or has rea9 sonable cause to believe that the use, carrying, or pos10 session of a firearm by the transferee would be in vio11 lation of, or would result in a violation of, any Fed12 eral law punishable by a term of imprisonment ex13 ceeding 1 year; 

14 ‘‘(2) receive from another person 2 or more fire15 arms in or otherwise affecting interstate or foreign 

16 commerce, if the recipient knows or has reasonable 

17 cause to believe that such receipt would be in viola18 tion of, or would result in a violation of, any Federal 

19 law punishable by a term of imprisonment exceeding 

20 1 year; or 

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

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

23 ‘‘(b)(1) Except as provided in paragraph (2), any per24 son who violates subsection (a) shall be fined under this 

25 title, imprisoned for not more than 15 years, or both. 


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1 ‘‘(2) If a violation of subsection (a) is committed by 

2 a person in concert with 5 or more other persons with re3 spect to whom such person occupies a position of organizer, 

4 leader, supervisor, or manager, the person shall be sentenced 

5 to a term of imprisonment of not more than 25 years. 

6 ‘‘§ 934. Forfeiture and fines 

7 ‘‘(a)(1) Any person convicted of a violation of section 

8 932 or 933 shall forfeit to the United States, irrespective 

9 of any provision of State law— 

10 ‘‘(A) any property constituting, or derived from, 

11 any proceeds the person obtained, directly or indi12 rectly, as the result of such violation; and 

13 ‘‘(B) any of the person’s property used, or in14 tended to be used, in any manner or part, to commit, 

15 or to facilitate the commission of, such violation. 

16 ‘‘(2) The court, in imposing sentence on a person con17 victed of a violation of section 932 or 933, shall order, in 

18 addition to any other sentence imposed pursuant to section 

19 932 or 933, that the person forfeit to the United States all 

20 property described in paragraph (1). 

21 ‘‘(b) A defendant who derives profits or other proceeds 

22 from an offense under section 932 or 933 may be fined not 

23 more than the greater of— 

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

25 and 


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

2 or other proceeds of the offense under section 932 or 

3 933.’’. 

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

5 of title 18, United States Code, is amended by striking ‘‘and 

6 924(n)’’ and inserting ‘‘, 924, 932, or 933’’. 

7 (c) RACKETEERING AMENDMENT.—Section 1961(1)(B) 

8 of title 18, United States Code, is amended by inserting 

9 ‘‘section 932 (relating to straw purchasing), section 933 (re10 lating to trafficking in firearms),’’ before ‘‘section 1028’’. 

11 (d) MONEY LAUNDERING AMENDMENT.—Section 

12 1956(c)(7)(D) of title 18, United States Code, is amended 

13 by striking ‘‘section 924(n)’’ and inserting ‘‘section 924(n), 

14 932, or 933’’. 

15 (e) DIRECTIVE TO SENTENCING COMMISSION.—Pursu16 ant to its authority under section 994 of title 28, United 

17 States Code, and in accordance with this section, the United 

18 States Sentencing Commission shall review and amend its 

19 guidelines and policy statements to ensure that persons con20 victed of an offense under section 932 or 933 of title 18, 

21 United States Code and other offenses applicable to the 

22 straw purchases and firearms trafficking of firearms are 

23 subject to increased penalties in comparison to those cur24 rently provided by the guidelines and policy statements for 

25 such straw purchasing and firearms trafficking offenses. 


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1 The Commission shall also review and amend its guidelines 

2 and policy statements to reflect the intent of Congress that 

3 a person convicted of an offense under section 932 or 933 

4 of title 18, United States Code, who is affiliated with a 

5 gang, cartel, organized crime ring, or other such enterprise 

6 should be subject to higher penalties than an otherwise unaf7 filiated individual. 

8 (f) TECHNICAL AND CONFORMING AMENDMENT.—The 

9 table of sections of chapter 44 of title 18, United States 

10 Code, is amended by adding at the end the following: 

‘‘932. Straw purchasing of firearms. 

‘‘933. Trafficking in firearms. 

‘‘934. Forfeiture and fines.’’. 

11 SEC. 4. AMENDMENTS TO SECTION 922(d). 

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

13 amended— 

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

15 end; 

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

17 the end and inserting a semicolon; and 

18 (3) by striking the matter following paragraph 

19 (9) and inserting the following: 

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

21 firearm or ammunition to a person described in any 

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

23 ‘‘(11) intends to sell or otherwise dispose of the 

24 firearm or ammunition in furtherance of a crime of 


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1 violence or drug trafficking offense or to export the 

2 firearm or ammunition in violation of law. 

3 This subsection shall not apply with respect to the sale or 

4 disposition of a firearm or ammunition to a licensed im5 porter, licensed manufacturer, licensed dealer, or licensed 

6 collector who pursuant to subsection (b) of section 925 is 

7 not precluded from dealing in firearms or ammunition, or 

8 to a person who has been granted relief from disabilities 

9 pursuant to subsection (c) of section 925.’’. 

10 SEC. 5. 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),’’; and 

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

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

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

17 not more than 15 years, or both.’’. 

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

19 Section 924 of title 18, United States Code, is amended 

20 by striking subsection (h) and inserting the following: 

21 ‘‘(h)(1) Whoever knowingly receives or transfers a fire22 arm or ammunition, or attempts or conspires to do so, 

23 knowing or having reasonable cause to believe that such fire24 arm or ammunition will be used to commit a crime of vio25 lence (as defined in subsection (c)(3)), a drug trafficking 


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1 crime (as defined in subsection (c)(2)), or a crime under 

2 the Arms Export Control Act (22 U.S.C. 2751 et seq.), the 

3 International Emergency Economic Powers Act (50 U.S.C. 

4 1701 et seq.), the Foreign Narcotics Kingpin Designation 

5 Act (21 U.S.C. 1901 et seq.), or section 212(a)(2)(C) of the 

6 Immigration and Nationality Act (8 U.S.C. 1182(a)(2)(C)) 

7 shall be imprisoned not more than 25 years, fined in ac8 cordance with this title, or both. 

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

10 under this subsection shall run concurrently with any term 

11 of imprisonment imposed on the person under section 932.’’. 

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

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

14 by striking subsection (k) and inserting the following: 

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

16 promote conduct that— 

17 ‘‘(A) is punishable under the Controlled Sub18 stances Act (21 U.S.C. 801 et seq.), the Controlled 

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

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

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

22 controlled substance (as defined in section 102 of the 

23 Controlled Substances Act, 21 U.S.C. 802); or 

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

25 in subsection (c)(3)), 


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1 smuggles or knowingly brings into the United States, a fire2 arm or ammunition, or attempts or conspires to do so, shall 

3 be imprisoned not more than 15 years, fined under this 

4 title, or both. 

5 ‘‘(2) A person who, with intent to engage in or to pro6 mote conduct that— 

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

8 Substances Act (21 U.S.C. 801 et seq.), the Controlled 

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

10 seq.), or chapter 705 of title 46, if the conduct had oc11 curred within the United States; or 

12 ‘‘(B) would constitute a crime of violence (as de13 fined in subsection (c)(3)) for which the person may 

14 be prosecuted in a court of the United States, if the 

15 conduct had occurred within the United States, 

16 smuggles or knowingly takes out of the United States, a fire17 arm or ammunition, or attempts or conspires to do so, shall 

18 be imprisoned not more than 15 years, fined under this 

19 title, or both.’’. 

20 SEC. 8. LIMITATION ON OPERATIONS BY THE DEPARTMENT 

21 OF JUSTICE. 

22 The Department of Justice, and any of its law enforce23 ment coordinate agencies, shall not conduct any operation 

24 where a Federal firearms licensee is directed, instructed, en25 ticed, or otherwise encouraged by the Department of Justice 


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1 to sell a firearm to an individual if the Department of Jus2 tice, or a coordinate agency, knows or has reasonable cause 

3 to believe that such an individual is purchasing on behalf 

4 of another for an illegal purpose unless the Attorney Gen5 eral, the Deputy Attorney General, or the Assistant Attor6 ney General for the Criminal Division personally reviews 

7 and approves the operation, in writing, and determines 

8 that the agency has prepared an operational plan that in9 cludes sufficient safeguards to prevent firearms from being 

10 transferred to third parties without law enforcement taking 

11 reasonable steps to lawfully interdict those firearms. 


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tkelley on DSK3SPTVN1PROD with BILLS
Calendar No. 23 

113TH CONGRESS 

1ST SESSION S. 54 

A BILL 

To increase public safety by punishing and 

deterring firearms trafficking. 

MARCH 11, 2013 

Reported with an amendment 


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