I 

113TH CONGRESS 

1ST SESSION H. R. 452 

To prevent gun trafficking. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 4, 2013 

Mrs. CAROLYN B. MALONEY of New York (for herself, Mr. RIGELL, Mr. MEEHAN, and Mr. CUMMINGS) 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 ‘‘Gun Trafficking Pre5 vention Act of 2013.’’. 

6 SEC. 2. FIREARMS TRAFFICKING. 

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

8 States Code, is amended by adding at the end the fol9 lowing: 

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1 ‘‘§ 932. Trafficking in firearms 

2 ‘‘(a) OFFENSES.—Except as provided in subsection 

3 (b), it shall be unlawful for any person, in or affecting 

4 interstate commerce,— 

5 ‘‘(1) to purchase, attempt to purchase, or trans6 fer a firearm, with the intent to deliver the firearm 

7 to another person who the transferor knows, or has 

8 reasonable cause to believe, is prohibited by Federal 

9 or State law from possessing a firearm; 

10 ‘‘(2) in purchasing, attempting to purchase, or 

11 transferring a firearm, to intentionally provide false 

12 or misleading material information on a Bureau of 

13 Alcohol, Tobacco, Firearms, and Explosives firearms 

14 transaction record form; or 

15 ‘‘(3) to knowingly direct, promote, or facilitate 

16 conduct that violates paragraph (1) or (2). 

17 ‘‘(b) GIFT EXCEPTIONS.—Subsection (a) shall not 

18 apply to a firearm that is— 

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

20 to another person not prohibited from possessing a 

21 firearm under Federal or State law as a gift; or 

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

23 a court-appointed trustee, receiver, or conservator 

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

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

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1 intestate succession under the laws of the State of 

2 residence of the person. 

3 ‘‘(c) PENALTIES.— 

4 ‘‘(1) IN GENERAL.—Any person who violates 

5 this section shall be fined under this title, impris6 oned for not more than 20 years, or both. 

7 ‘‘(2) ORGANIZER ENHANCEMENT.—If a viola8 tion of subsection (a) is committed by a person in 

9 concert with 5 or more other persons with respect to 

10 whom such person occupies a position of organizer, 

11 a supervisory position, or any other position of man12 agement, such person may be sentenced to an addi13 tional term of imprisonment of not more than 5 con14 secutive years. 

15 ‘‘(3) CONSPIRACY.—Any person who conspires 

16 to commit an offense described in this section shall 

17 be fined under this title, imprisoned for not more 

18 than 10 years, or both.’’. 

19 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

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

21 States Code, is amended by adding at the end the fol22 lowing: 

‘‘932. Trafficking in firearms.’’. 

23 (c) DIRECTIVE TO THE SENTENCING COMMISSION.— 

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

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

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1 the United States Sentencing Commission shall re2 view and, if appropriate, amend the Federal sen3 tencing guidelines and policy statements applicable 

4 to persons convicted of offenses under section 932 of 

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

6 (a)). 

7 (2) REQUIREMENT.—In carrying out this sec8 tion, the Commission shall review the penalty struc9 ture that the guidelines currently provide based on 

10 the number of firearms involved in the offense and 

11 determine whether any changes to that penalty 

12 structure are appropriate in order to reflect the in13 tent of Congress that such penalties reflect the grav14 ity of the offense. 

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