I 

116TH CONGRESS 

1ST SESSION H. R. 4116 

To amend title 18, United States Code, to combat straw purchases of firearms 

and deter firearms trafficking. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 30, 2019 

Ms. KELLY of Illinois (for herself, Mr. MOULTON, and Mrs. MCBATH) introduced the following bill; which was referred to the Committee on the Judiciary 

A BILL 

To amend title 18, United States Code, to combat straw 

purchases of firearms and deter 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 ‘‘Prevent Gun Traf5 ficking Act’’. 

6 SEC. 2. PROHIBITION ON STRAW PURCHASES OF FIRE7 ARMS; PROHIBITION ON GUN TRAFFICKING. 

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

9 States Code, is amended— 


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1 (1) in section 921(a), by adding at the end the 

2 following: 

3 ‘‘(36) The term ‘family members’ means spouses, do4 mestic partners, parents and their children, including 

5 step-parents and their step-children, siblings, aunts or un6 cles and their nieces or nephews, or grandparents and 

7 their grandchildren.’’; and 

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

9 ‘‘§ 932. Gun trafficking 

10 ‘‘(a) It shall be unlawful for any person (other than 

11 a licensee under this chapter), in or otherwise affecting 

12 interstate or foreign commerce, to knowingly purchase or 

13 acquire, or attempt to purchase or acquire, a firearm from 

14 or through such a licensee for the possession of a third 

15 party. 

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

17 a licensee under this chapter), in or otherwise affecting 

18 interstate or foreign commerce, to solicit, hire, demand, 

19 or order another person to purchase, or attempt to pur20 chase, any firearm for the purpose of obtaining the fire21 arm for the person or selling or transferring the firearm 

22 to a third party. 

23 ‘‘(c) The Attorney General shall ensure that the fire24 arm transaction record form required to be completed in 

25 connection with a firearm transaction includes a statement 


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1 outlining the penalties that may be imposed for violating 

2 subsection (a). 

3 ‘‘(d) This section shall not apply to any firearm— 

4 ‘‘(1) that is purchased or acquired by any per5 son, or that any person attempts to purchase or ac6 quire, as a bona fide gift between family members; 

7 or 

8 ‘‘(2) that is purchased or acquired by an agent 

9 of a lawful business, or that an agent of a lawful 

10 business attempts to purchase or acquire, for the 

11 purpose of transferring to another agent of the busi12 ness, for lawful use in the business, 

13 if the purchaser or person acquiring the firearm has no 

14 reason to believe that the recipient of the firearm will use 

15 or intends to use the firearm in a crime or is prohibited 

16 from purchasing or possessing firearms under State or 

17 Federal law.’’. 

18 (b) FORFEITURE.—Section 982(a)(5) of such title is 

19 amended— 

20 (1) in subparagraph (D), by striking ‘‘or’’ at 

21 the end; and 

22 (2) by inserting after subparagraph (E) the fol23 lowing: 

24 ‘‘(F) section 922(a)(1)(A) (related to unlicensed 

25 firearms sales); 


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1 ‘‘(G) section 922(d) (relating to illegal gun 

2 transfers); or 

3 ‘‘(H) section 932 (relating to gun trafficking).’’. 

4 (c) MONEY LAUNDERING AMENDMENT.—Section 

5 1956(c)(7)(D) of such title is amended by striking ‘‘sec6 tion 924(n)’’ and inserting ‘‘section 922(a)(1)(A), 922(d), 

7 924(n), or 932’’. 

8 (d) CLERICAL AMENDMENT.—The table of sections 

9 for such chapter is amended by adding at the end the fol10 lowing: 

‘‘932. Gun trafficking.’’. 

11 SEC. 3. PROHIBITION ON DISPOSITION OF FIREARM TO 

12 PERSON INTENDING UNLAWFUL FURTHER 

13 DISPOSITION. 

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

15 amended in the first sentence— 

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 a semicolon; and 

20 (3) by inserting after and below paragraph (9) 

21 the following: 

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

23 firearm or ammunition in violation of a Federal law, 

24 or to sell or otherwise dispose of the firearm or amVerDate Sep 11 2014 03:36 Aug 15, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4116.IH H4116

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1 munition to a person in another State in violation of 

2 a law of that State.’’. 

3 SEC. 4. PENALTIES. 

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

5 amended by adding at the end the following: 

6 ‘‘(8) Whoever knowingly violates section 922(a)(1)(A) 

7 or 932 shall be fined under this title, imprisoned not more 

8 than 10 years, or both.’’. 

9 SEC. 5. FIREARMS SUBJECT TO FORFEITURE. 

10 Section 924(d) of title 18, United States Code, is 

11 amended— 

12 (1) in paragraph (1), by inserting ‘‘or 932’’ 

13 after ‘‘section 924’’; and 

14 (2) in paragraph (3)— 

15 (A) in subparagraph (E), by striking 

16 ‘‘and’’ at the end; 

17 (B) in subparagraph (F), by striking the 

18 period at the end and inserting ‘‘; and’’; and 

19 (C) by adding at the end the following: 

20 ‘‘(G) any offense under section 932.’’. 

Æ 


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