I 

114TH CONGRESS 

2D SESSION H. R. 5080 

To prevent gun trafficking. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 27, 2016 

Ms. CLARKE of New York introduced the following bill; which was 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 ‘‘Hadiya Pendleton and 

5 Nyasia Pryear-Yard Gun Trafficking and Crime Preven6 tion Act of 2016’’. 

7 SEC. 2. FIREARMS TRAFFICKING. 

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

9 States Code, is amended by adding at the end the fol10 lowing: 


emcdonald on DSK67QTVN1PROD with BILLS
2 

•HR 5080 IH

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— 


emcdonald on DSK67QTVN1PROD with BILLS
3 

•HR 5080 IH

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 indi24 vidual for whom a firearm is being purchased, re25 ceived, or acquired; and 


emcdonald on DSK67QTVN1PROD with BILLS
4 

•HR 5080 IH

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) TECHNICAL AND CONFORMING AMENDMENT.— 

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

7 States Code, is amended by adding at the end the fol8 lowing: 

‘‘932. Trafficking in firearms.’’. 

9 (c) DIRECTIVE TO THE SENTENCING COMMISSION.— 

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

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

12 the United States Sentencing Commission shall re13 view and, if appropriate, amend the Federal sen14 tencing guidelines and policy statements applicable 

15 to persons convicted of offenses under section 932 of 

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

17 (a)). 

18 (2) REQUIREMENTS.—In carrying out this sec19 tion, the Commission shall— 

20 (A) review the penalty structure that the 

21 guidelines currently provide based on the num22 ber of firearms involved in the offense and de23 termine whether any changes to that penalty 

24 structure are appropriate in order to reflect the 


emcdonald on DSK67QTVN1PROD with BILLS
5 

•HR 5080 IH

1 intent of Congress that such penalties reflect 

2 the gravity of the offense; and 

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

4 guidelines and policy statements to reflect the 

5 intent of Congress that guideline penalties for 

6 violations of section 932 of title 18, United 

7 States Code, and similar offenses be increased 

8 substantially when committed by a person who 

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

10 ring, or other such enterprise or in concert with 

11 another person who is a member of a gang, car12 tel, organized crime ring or other such enter13 prise. 

Æ 


emcdonald on DSK67QTVN1PROD with BILLS