I 

116TH CONGRESS 

1ST SESSION H. R. 1670 

To prevent gun trafficking. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 11, 2019 

Mrs. CAROLYN B. MALONEY of New York (for herself and Mr. KING 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 2019’’. 

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: 


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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 shipping, transportation, transfer, or disposition of 

9 the firearm would be in violation of, or would result 

10 in a violation of any Federal, State, or local law 

11 punishable by a term of imprisonment exceeding 1 

12 year; 

13 ‘‘(2) to receive from a person, 2 or more fire14 arms in or affecting interstate or foreign commerce, 

15 if the recipient knows or has reasonable cause to be16 lieve that such receipt would be in violation of, or 

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

18 local law punishable by a term of imprisonment ex19 ceeding 1 year; 

20 ‘‘(3) to make a statement to a licensed im21 porter, licensed manufacturer, or licensed dealer re22 lating to the purchase, receipt, or acquisition from 

23 a licensed importer, licensed manufacturer, or li24 censed dealer of 2 or more firearms that have moved 

25 in or affected interstate or foreign commerce that— 

26 ‘‘(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) GIFT EXCEPTIONS.—Subsection (a) shall not 

10 apply to a firearm that is— 

11 ‘‘(1) lawfully acquired by a person to be given 

12 as a gift to another person not prohibited from pos13 sessing a firearm under Federal or State law; or 

14 ‘‘(2) lawfully received or otherwise acquired by 

15 a court-appointed trustee, receiver, or conservator 

16 for, or on behalf of, an estate or creditor, or by a 

17 person to carry out a bequest, or an acquisition by 

18 intestate succession under the laws of the State of 

19 residence of the person. 

20 ‘‘(c) PENALTIES.— 

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

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

23 under this title, imprisoned for not more than 20 

24 years, or both. 


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1 ‘‘(2) ORGANIZER ENHANCEMENT.—If a viola2 tion of subsection (a) is committed by a person in 

3 concert with 5 or more other persons with respect to 

4 whom such person occupies a position of organizer, 

5 a supervisory position, or any other position of man6 agement, such person may be sentenced to an addi7 tional term of imprisonment of not more than 5 con8 secutive years. 

9 ‘‘(d) DEFINITIONS.—In this section— 

10 ‘‘(1) the term ‘actual buyer’ means the indi11 vidual for whom a firearm is being purchased, re12 ceived, or acquired; and 

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

14 1 year’ does not include any offense classified by the 

15 applicable jurisdiction as a misdemeanor and punish16 able by a term of imprisonment of 2 years or less.’’. 

17 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

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

19 States Code, is amended by adding at the end the fol20 lowing: 

‘‘932. Trafficking in firearms.’’. 

21 (c) DIRECTIVE TO THE SENTENCING COMMISSION.— 

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

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

24 the United States Sentencing Commission shall re25 view and, if appropriate, amend the Federal senVerDate Sep 11 2014 01:26 Mar 22, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1670.IH H1670

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1 tencing guidelines and policy statements applicable 

2 to persons convicted of offenses under section 932 of 

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

4 (a)). 

5 (2) REQUIREMENTS.—In carrying out this sec6 tion, the Commission shall review the penalty struc7 ture that the guidelines currently provide based on 

8 the number of firearms involved in the offense and 

9 determine whether any changes to that penalty 

10 structure are appropriate in order to reflect the in11 tent of Congress that such penalties reflect the grav12 ity of the offense. 

Æ 


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