I 

115TH CONGRESS 

1ST SESSION H. R. 1692 

To address the problem of illegal firearm trafficking to Mexico. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 22, 2017 

Mrs. TORRES (for herself, Mr. ENGEL, and Ms. CLARKE of New York) introduced the following bill; which was referred to the Committee on the Judiciary 

A BILL 

To address the problem of illegal firearm trafficking to 

Mexico. 

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 ‘‘Countering Illegal 

5 Firearms Trafficking to Mexico Act’’. 


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1 SEC. 2. COLLABORATION BETWEEN U.S. IMMIGRATIONS 

2 AND CUSTOMS ENFORCEMENT AND THE BU3 REAU OF ALCOHOL, TOBACCO, FIREARMS, 

4 AND EXPLOSIVES. 

5 The President shall design and implement a strategy 

6 to improve collaboration between U.S. Immigrations and 

7 Customs Enforcement and the Bureau of Alcohol, To8 bacco, Firearms, and Explosives in the investigation of il9 legal firearm trafficking to Mexico, including formal moni10 toring of the implementation of the 2009 Memorandum 

11 of Understanding between the Bureau of Alcohol, To12 bacco, Firearms, and Explosives and U.S. Immigrations 

13 and Customs Enforcement. 

14 SEC. 3. COMPREHENSIVE INDICATORS TO STEM ARMS 

15 TRAFFICKING TO MEXICO. 

16 Not later than 120 days after the date of the enact17 ment of this Act, the Office of National Drug Control Pol18 icy shall establish comprehensive indicators that more ac19 curately reflect progress made in efforts to stem arms 

20 trafficking to Mexico. 

21 SEC. 4. FIREARMS TRAFFICKING. 

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

23 States Code, is amended by adding at the end the fol24 lowing: 


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1 ‘‘§ 932. Trafficking in firearms 

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

3 regardless of whether anything of value is exchanged— 

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

5 dispose to a person, 2 or more firearms in or affect6 ing interstate or foreign commerce, if the transferor 

7 knows or has reasonable cause to believe that such 

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

9 would be in violation of, or would result in a viola10 tion of any Federal, State, or local law punishable 

11 by a term of imprisonment exceeding 1 year; 

12 ‘‘(2) to receive from a person, 2 or more fire13 arms in or affecting interstate or foreign commerce, 

14 if the recipient knows or has reasonable cause to be15 lieve that such receipt would be in violation of, or 

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

17 local law punishable by a term of imprisonment ex18 ceeding 1 year; 

19 ‘‘(3) to make a statement to a licensed im20 porter, licensed manufacturer, or licensed dealer re21 lating to the purchase, receipt, or acquisition from 

22 a licensed importer, licensed manufacturer, or li23 censed dealer of 2 or more firearms that have moved 

24 in or affected interstate or foreign commerce that— 

25 ‘‘(A) is material to— 


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1 ‘‘(i) the identity of the actual buyer of 

2 the firearms; or 

3 ‘‘(ii) the intended trafficking of the 

4 firearms; and 

5 ‘‘(B) the person knows or has reasonable 

6 cause to believe is false; or 

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

8 specified in paragraph (1), (2), or (3). 

9 ‘‘(b) PENALTIES.— 

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

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

12 under this title, imprisoned for not more than 20 

13 years, or both. 

14 ‘‘(2) ORGANIZER ENHANCEMENT.—If a viola15 tion of subsection (a) is committed by a person in 

16 concert with 5 or more other persons with respect to 

17 whom such person occupies a position of organizer, 

18 a supervisory position, or any other position of man19 agement, such person may be sentenced to an addi20 tional term of imprisonment of not more than 5 con21 secutive years. 

22 ‘‘(c) DEFINITIONS.—In this section— 

23 ‘‘(1) the term ‘actual buyer’ means the person 

24 for whom a firearm is being purchased, received, or 

25 acquired; and 


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

2 1 year’ does not include any offense classified by the 

3 applicable jurisdiction as a misdemeanor and punish4 able by a term of imprisonment of 2 years or less.’’. 

5 (b) CLERICAL AMENDMENT.—The table of sections 

6 for chapter 44 of such title is amended by adding at the 

7 end the following: 

‘‘932. Trafficking in firearms.’’. 

8 SEC. 5. REQUIREMENT THAT FEDERAL FIREARMS LICENS9 EES REPORT MULTIPLE SALES OF FIREARMS. 

10 Section 923(g)(3)(A) of title 18, United States Code, 

11 is amended by striking ‘‘pistols, or revolvers, or any com12 bination of pistols and revolvers totalling two or more,’’ 

13 and inserting ‘‘firearms’’. 

14 SEC. 6. PUBLIC AVAILABILITY OF INFORMATION ABOUT 

15 FIREARMS SEIZED BY MEXICO AND SUB16 MITTED TO THE BUREAU OF ALCOHOL, TO17 BACCO, FIREARMS, AND EXPLOSIVES FOR 

18 TRACING. 

19 Within 30 days after the beginning of each fiscal year 

20 that begins more than 120 days after the date of the en21 actment of this Act, the Bureau of Alcohol, Tobacco, Fire22 arms, and Explosives shall make public detailed informa23 tion about the type, make, model, and caliber of each fire24 arm seized by authorities of the Government of Mexico 

25 and submitted to the Bureau for tracing. 


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1 SEC. 7. EFFECTIVE DATE. 

2 This Act and the amendments made by this Act shall 

3 take effect on the date that is 30 days after the date of 

4 the enactment of this Act. 

Æ 


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