II 

110TH CONGRESS 

2D SESSION S. 3634 

To reduce gun trafficking by prohibiting bulk purchases of handguns. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 26 (legislative day, SEPTEMBER 17), 2008 

Mr. LAUTENBERG (for himself and Mr. MENENDEZ) introduced the following 

bill; which was read twice and referred to the Committee on the Judiciary 

A BILL 

To reduce gun trafficking by prohibiting bulk purchases of 

handguns. 

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 ‘‘End Gun Trafficking 

5 Act of 2008’’. 

6 SEC. 2. PROHIBITION AGAINST MULTIPLE HANDGUN SALES 

7 OR PURCHASES. 

8 (a) PROHIBITION.—Section 922 of title 18, United 

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


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1 ‘‘(aa) PROHIBITION AGAINST MULTIPLE HANDGUN

2 SALES OR PURCHASES.— 

3 ‘‘(1) SALE.—It shall be unlawful to sell or oth4 erwise dispose of a handgun that has been shipped 

5 or transported in interstate or foreign commerce to 

6 any person who is not licensed under section 923 

7 knowing or having reasonable cause to believe that 

8 such person purchased a handgun during the 30-day 

9 period ending on the date of such sale or disposition. 

10 ‘‘(2) PURCHASE.—It shall be unlawful for any 

11 person who is not licensed under section 923 to pur12 chase more than 1 handgun that has been shipped 

13 or transported in interstate or foreign commerce 

14 during any 30-day period. 

15 ‘‘(3) EXCEPTIONS.—Paragraphs (1) and (2) 

16 shall not apply to— 

17 ‘‘(A) exchange of 1 handgun for 1 hand18 gun; 

19 ‘‘(B) the transfer to or purchase by the 

20 United States, a department or agency of the 

21 United States, a State, or a department, agen22 cy, or political subdivision of a State, of a hand23 gun; 

24 ‘‘(C) the transfer to or purchase by a law 

25 enforcement officer employed by an entity reVerDate Aug 31 2005 01:12 Sep 29, 2008 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3634.IS S3634

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1 ferred to in subparagraph (B) of a handgun for 

2 law enforcement purposes (whether on or off 

3 duty); 

4 ‘‘(D) the transfer to or purchase by a rail 

5 police officer employed by a rail carrier and cer6 tified or commissioned as a police officer under 

7 the laws of a State of a handgun for law en8 forcement purposes (whether on or off duty); or 

9 ‘‘(E) the transfer or purchase of a hand10 gun listed as a curio or relic by the Attorney 

11 General pursuant to section 921(a)(13).’’. 

12 (b) PENALTIES.—Section 924(a)(2) of title 18, 

13 United States Code, is amended by striking ‘‘or (o)’’ and 

14 inserting ‘‘(o), or (aa)’’. 

15 (c) CONFORMING AMENDMENTS.—Chapter 44 of title 

16 18, United States Code, is amended— 

17 (1) in section 922(t)— 

18 (A) in paragraph (1)(B)(ii), by striking 

19 ‘‘(g) or (n)’’ and inserting ‘‘(g), (n), or 

20 (aa)(2)’’; 

21 (B) in paragraph (2), by striking ‘‘(g) or 

22 (n)’’ and inserting ‘‘(g), (n), or (aa)(2)’’; 

23 (C) in paragraph (4), by striking ‘‘(g) or 

24 (n)’’ and inserting ‘‘(g), (n), or (aa)(2)’’; and 


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1 (D) in paragraph (5), by striking ‘‘(g) or 

2 (n)’’ and inserting ‘‘(g), (n), or (aa)(2)’’; and 

3 (2) in section 925A, by striking ‘‘(g) or (n)’’ 

4 and inserting ‘‘(g), (n), or (aa)(2)’’. 

5 (d) ELIMINATE MULTIPLE SALES REPORTING RE6 QUIREMENT.—Section 923(g) of title 18, United States 

7 Code, is amended by striking paragraph (3). 

8 (e) AUTHORITY TO ISSUE RULES AND REGULA9 TIONS.—The Attorney General shall prescribe any rules 

10 and regulations as are necessary to ensure that the na11 tional instant criminal background check system is able 

12 to identify whether receipt of a handgun by a prospective 

13 transferee would violate section 922(aa) of title 18, United 

14 States Code. 

15 SEC. 3. INCREASED PENALTIES FOR MAKING KNOWINGLY 

16 FALSE STATEMENTS IN CONNECTION WITH 

17 FIREARMS. 

18 Section 924(a)(3) of title 18, United States Code, is 

19 amended in the matter following subparagraph (B) by 

20 striking ‘‘one year’’ and inserting ‘‘5 years’’. 

21 SEC. 4. RETENTION OF RECORDS. 

22 (a) RETENTION OF RECORDS.—Section 922(t)(2)(C) 

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

24 ‘‘not less than 180 days after the transfer is allowed,’’ be25 fore ‘‘destroy’’. 


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1 (b) REPEALS.— 

2 (1) FISCAL YEAR 2004.—Section 617 of division 

3 B of the Consolidated Appropriations Act, 2004 

4 (Public Law 108–199; 118 Stat. 95) is amended— 

5 (A) by striking ‘‘(a)’’; 

6 (B) by striking ‘‘for—’’ and all that fol7 lows through ‘‘(1)’’ and inserting ‘‘for’’; and 

8 (C) by striking ‘‘; and’’ and all that follows 

9 and inserting a period. 

10 (2) FISCAL YEAR 2005.—Section 615 of division 

11 B of the Consolidated Appropriations Act, 2005 

12 (Public Law 108–447; 118 Stat. 2915) is amend13 ed— 

14 (A) by striking ‘‘for—’’ and all that follows 

15 through ‘‘(1)’’ and inserting ‘‘for’’; and 

16 (B) by striking ‘‘; and’’ and all that follows 

17 and inserting a period. 

18 (3) FISCAL YEAR 2006.—Section 611 of the 

19 Science, State, Justice, Commerce, and Related 

20 Agencies Appropriations Act, 2006 (Public Law 

21 109–108; 119 Stat. 2336) is amended— 

22 (A) by striking ‘‘for—’’ and all that follows 

23 through ‘‘(1)’’ and inserting ‘‘for’’; and 

24 (B) by striking ‘‘; and’’ and all that follows 

25 and inserting a period. 


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1 (4) FISCAL YEAR 2008.—Section 512 of division 

2 B of the Consolidated Appropriations Act, 2008 

3 (Public Law 110–161; 121 Stat. 1926) is amend4 ed— 

5 (A) by striking ‘‘for—’’ and all that follows 

6 through ‘‘(1)’’ and inserting ‘‘for’’; and 

7 (B) by striking ‘‘; and’’ and all that follows 

8 and inserting a period. 

9 SEC. 5. REVISED DEFINITION. 

10 Section 921(a)(21)(C) of title 18, United States 

11 Code, is amended by inserting ‘‘, except that such term 

12 shall include any person who transfers more than 1 hand13 gun in any 30-day period to a person who is not a licensed 

14 dealer’’ before the semicolon. 

Æ 


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