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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 404 Introduced in House (IH)]

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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Straw Purchaser Penalty Enhancement 
Act''.

SEC. 2. SENTENCING ENHANCEMENT FOR CERTAIN STRAW PURCHASERS.

    Section 924 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(q)(1) Whoever violates section 922(a)(6) or subsection (a)(1)(A) 
of this section--
            ``(A) knowing or having reason to believe that the 
        violation will further the transfer of two or more firearms to 
        a person prohibited by law from shipping, transporting, 
        possessing or receiving a firearm; and
            ``(B) with the intent to conceal from the transferor of the 
        firearm the identity of the person referred to in subparagraph 
        (A),
shall, in addition to the punishment otherwise provided for the 
violation, be sentenced to a term of imprisonment of 2 years.
    ``(2) Notwithstanding any other provision of law:
            ``(A) The court shall not place on probation any person 
        convicted of a violation described in paragraph (1).
            ``(B) The court shall not reduce a term of imprisonment to 
        be imposed for such a violation so as to compensate for, or 
        otherwise take into account, a term of imprisonment imposed or 
        to be imposed for a separate such violation.
            ``(C)(i) Except as provided in clause (ii), a term of 
        imprisonment imposed on a person under this subsection shall 
        not run concurrently with a term of imprisonment imposed on the 
        person under any other provision of law.
            ``(ii) A term of imprisonment imposed on a person for such 
        a violation may, in the discretion of the court, run 
        concurrently, in whole or in part, with another term of 
        imprisonment imposed on the person by the court at the same 
        time for a separate such violation, subject to applicable 
        guidelines and policy statements issued by the Sentencing 
        Commission pursuant to section 994 of title 28.
            ``(D)(i) Section 3553(a) shall apply in sentencing under 
        this subsection.
            ``(ii) Before imposing a sentence in accordance with 
        section 3553(a), the court shall give the parties reasonable 
        notice of the intent of the court to do so and an opportunity 
        to respond.
            ``(iii) If the court imposes a sentence in accordance with 
        section 3553(a), the court shall state, in the written 
        statement of reasons, the factors under section 3553(a) that 
        require imposition of a sentence below the statutory minimum.
    ``(3) The Attorney General shall issue regulations requiring any 
form required to be completed by the purchaser of a firearm from a 
person licensed under section 923 to include a notice of the provisions 
of this subsection.''.
                                 <all>
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