I 

113TH CONGRESS 

1ST SESSION H. R. 404 

To enhance criminal penalties for straw purchasers of firearms. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 23, 2013 

Mr. SCHIFF (for himself, Ms. LEE of California, Mr. MEEKS, Mr. PIERLUISI, 

Ms. NORTON, Mr. MORAN, Mr. DANNY K. DAVIS of Illinois, Ms. 

DELAURO, Mr. TAKANO, Ms. SLAUGHTER, and Mr. SHERMAN) introduced the following bill; which was referred to the Committee on the Judiciary 

A BILL 

To enhance criminal penalties for straw purchasers of 

firearms. 

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 ‘‘Straw Purchaser Pen5 alty Enhancement Act’’. 

6 SEC. 2. SENTENCING ENHANCEMENT FOR CERTAIN STRAW 

7 PURCHASERS. 

8 Section 924 of title 18, United States Code, is 

9 amended by adding at the end the following: 


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1 ‘‘(q)(1) Whoever violates section 922(a)(6) or sub2 section (a)(1)(A) of this section— 

3 ‘‘(A) knowing or having reason to believe that 

4 the violation will further the transfer of two or more 

5 firearms to a person prohibited by law from ship6 ping, transporting, possessing or receiving a firearm; 

7 and 

8 ‘‘(B) with the intent to conceal from the trans9 feror of the firearm the identity of the person re10 ferred to in subparagraph (A), 

11 shall, in addition to the punishment otherwise provided for 

12 the violation, be sentenced to a term of imprisonment of 

13 2 years. 

14 ‘‘(2) Notwithstanding any other provision of law: 

15 ‘‘(A) The court shall not place on probation any 

16 person convicted of a violation described in para17 graph (1). 

18 ‘‘(B) The court shall not reduce a term of im19 prisonment to be imposed for such a violation so as 

20 to compensate for, or otherwise take into account, a 

21 term of imprisonment imposed or to be imposed for 

22 a separate such violation. 

23 ‘‘(C)(i) Except as provided in clause (ii), a term 

24 of imprisonment imposed on a person under this 

25 subsection shall not run concurrently with a term of 


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1 imprisonment imposed on the person under any 

2 other provision of law. 

3 ‘‘(ii) A term of imprisonment imposed on a per4 son for such a violation may, in the discretion of the 

5 court, run concurrently, in whole or in part, with an6 other term of imprisonment imposed on the person 

7 by the court at the same time for a separate such 

8 violation, subject to applicable guidelines and policy 

9 statements issued by the Sentencing Commission 

10 pursuant to section 994 of title 28. 

11 ‘‘(D)(i) Section 3553(a) shall apply in sen12 tencing under this subsection. 

13 ‘‘(ii) Before imposing a sentence in accordance 

14 with section 3553(a), the court shall give the parties 

15 reasonable notice of the intent of the court to do so 

16 and an opportunity to respond. 

17 ‘‘(iii) If the court imposes a sentence in accord18 ance with section 3553(a), the court shall state, in 

19 the written statement of reasons, the factors under 

20 section 3553(a) that require imposition of a sentence 

21 below the statutory minimum. 

22 ‘‘(3) The Attorney General shall issue regulations re23 quiring any form required to be completed by the pur24 chaser of a firearm from a person licensed under section 


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1 923 to include a notice of the provisions of this sub2 section.’’. 

Æ 


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