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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 443 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                 S. 443

     To increase public safety by punishing and deterring firearms 
                              trafficking.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 4, 2013

 Mr. Leahy (for himself, Ms. Collins, Mr. Durbin, Mrs. Gillibrand, Mr. 
  Kirk, Mr. Blumenthal, and Mr. King) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
     To increase public safety by punishing and deterring firearms 
                              trafficking.

    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 ``Stop Illegal Trafficking in Firearms 
Act of 2013''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Hadiya Pendleton and Nyasia Pryear-Yard anti-straw purchasing 
                            and firearms trafficking amendments.
Sec. 4. Amendments to section 922(d).
Sec. 5. Amendments to section 924(a).
Sec. 6. Amendments to section 924(h).
Sec. 7. Amendments to section 924(k).

SEC. 3. HADIYA PENDLETON AND NYASIA PRYEAR-YARD ANTI-STRAW PURCHASING 
              AND FIREARMS TRAFFICKING AMENDMENTS.

    (a) In General.--Chapter 44 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 932. Straw purchasing of firearms
    ``(a) For purposes of this section--
            ``(1) the term `crime of violence' has the meaning given 
        that term in section 924(c)(3);
            ``(2) the term `drug trafficking crime' has the meaning 
        given that term in section 924(c)(2); and
            ``(3) the term `purchases' includes the receipt of any 
        firearm by a person who does not own the firearm--
                    ``(A) by way of pledge or pawn as security for the 
                payment or repayment of money; or
                    ``(B) on consignment.
    ``(b) It shall be unlawful for any person (other than a licensed 
importer, licensed manufacturer, licensed collector, or licensed 
dealer) to knowingly purchase, or attempt or conspire to purchase, any 
firearm in or otherwise affecting interstate or foreign commerce--
            ``(1) from a licensed importer, licensed manufacturer, 
        licensed collector, or licensed dealer for, on behalf of, or at 
        the request or demand of any other person, known or unknown; or
            ``(2) from any person who is not a licensed importer, 
        licensed manufacturer, licensed collector, or licensed dealer 
        for, on behalf of, or at the request or demand of any other 
        person, known or unknown, knowing or having reasonable cause to 
        believe that such other person--
                    ``(A) is under indictment for, or has been 
                convicted in any court of, a crime punishable by 
                imprisonment for a term exceeding 1 year;
                    ``(B) is a fugitive from justice;
                    ``(C) is an unlawful user of or addicted to any 
                controlled substance (as defined in section 102 of the 
                Controlled Substances Act (21 U.S.C. 802));
                    ``(D) has been adjudicated as a mental defective or 
                has been committed to any mental institution;
                    ``(E) is an alien who--
                            ``(i) is illegally or unlawfully in the 
                        United States; or
                            ``(ii) except as provided in section 
                        922(y)(2), has been admitted to the United 
                        States under a nonimmigrant visa (as that term 
                        is defined in section 101(a)(26) of the 
                        Immigration and Nationality Act (8 U.S.C. 
                        1101(a)(26));
                    ``(F) has been discharged from the Armed Forces 
                under dishonorable conditions;
                    ``(G) having been a citizen of the United States, 
                has renounced his or her citizenship;
                    ``(H) is subject to a court order that restrains 
                such person from harassing, stalking, or threatening an 
                intimate partner of such person or child of such 
                intimate partner or person, or engaging in other 
                conduct that would place an intimate partner in 
                reasonable fear of bodily injury to the partner or 
                child, except that this subparagraph shall only apply 
                to a court order that--
                            ``(i) was issued after a hearing of which 
                        such person received actual notice, and at 
                        which such person had the opportunity to 
                        participate; and
                            ``(ii)(I) includes a finding that such 
                        person represents a credible threat to the 
                        physical safety of such intimate partner or 
                        child; or
                            ``(II) by its terms explicitly prohibits 
                        the use, attempted use, or threatened use of 
                        physical force against such intimate partner or 
                        child that would reasonably be expected to 
                        cause bodily injury;
                    ``(I) has been convicted in any court of a 
                misdemeanor crime of domestic violence;
                    ``(J) intends to--
                            ``(i) use, carry, possess, or sell or 
                        otherwise dispose of the firearm or ammunition 
                        in furtherance of a crime of violence or drug 
                        trafficking crime; or
                            ``(ii) export the firearm or ammunition in 
                        violation of law;
                    ``(K) who does not reside in any State; or
                    ``(L) intends to sell or otherwise dispose of the 
                firearm or ammunition to a person described in any of 
                subparagraphs (A) through (K).
    ``(c)(1) Except as provided in paragraph (2), any person who 
violates subsection (b) shall be fined under this title, imprisoned for 
not more than 15 years, or both.
    ``(2) If a violation of subsection (b) is committed knowing or with 
reasonable cause to believe that any firearm involved will be used to 
commit a crime of violence, the person shall be sentenced to a term of 
imprisonment of not more than 25 years.
    ``(d) Subsection (b)(1) shall not apply to any firearm that is 
lawfully purchased by a person--
            ``(1) to be given as a bona fide gift to a recipient who 
        provided no service or tangible thing of value to acquire the 
        firearm, unless the person knows or has reasonable cause to 
        believe such recipient is prohibited by Federal law from 
        possessing, receiving, selling, shipping, transporting, 
        transferring, or otherwise disposing of the firearm; or
            ``(2) to be given to a bona fide winner of an organized 
        raffle, contest, or auction conducted in accordance with law 
        and sponsored by a national, State, or local organization or 
        association, unless the person knows or has reasonable cause to 
        believe such recipient is prohibited by Federal law from 
        possessing, purchasing, receiving, selling, shipping, 
        transporting, transferring, or otherwise disposing of the 
        firearm.
``Sec. 933. Trafficking in firearms
    ``(a) It shall be unlawful for any person to--
            ``(1) ship, transport, transfer, cause to be transported, 
        or otherwise dispose of 2 or more firearms to another person in 
        or otherwise affecting interstate or foreign commerce, if the 
        transferor knows or has reasonable cause to believe that the 
        use, carrying, or possession of a firearm by the transferee 
        would be in violation of, or would result in a violation of, 
        any Federal law punishable by a term of imprisonment exceeding 
        1 year;
            ``(2) receive from another person 2 or more firearms in or 
        otherwise affecting interstate or foreign commerce, if the 
        recipient knows or has reasonable cause to believe that such 
        receipt would be in violation of, or would result in a 
        violation of, any Federal law punishable by a term of 
        imprisonment exceeding 1 year; or
            ``(3) attempt or conspire to commit the conduct described 
        in paragraph (1) or (2).
    ``(b)(1) Except as provided in paragraph (2), any person who 
violates subsection (a) shall be fined under this title, imprisoned for 
not more than 15 years, or both.
    ``(2) If a violation of subsection (a) is committed by a person in 
concert with 5 or more other persons with respect to whom such person 
occupies a position of organizer, leader, supervisor, or manager, the 
person shall be sentenced to a term of imprisonment of not more than 25 
years.
``Sec. 934. Forfeiture and fines
    ``(a)(1) Any person convicted of a violation of section 932 or 933 
shall forfeit to the United States, irrespective of any provision of 
State law--
            ``(A) any property constituting, or derived from, any 
        proceeds the person obtained, directly or indirectly, as the 
        result of such violation; and
            ``(B) any of the person's property used, or intended to be 
        used, in any manner or part, to commit, or to facilitate the 
        commission of, such violation.
    ``(2) The court, in imposing sentence on a person convicted of a 
violation of section 932 or 933, shall order, in addition to any other 
sentence imposed pursuant to section 932 or 933, that the person 
forfeit to the United States all property described in paragraph (1).
    ``(b) A defendant who derives profits or other proceeds from an 
offense under section 932 or 933 may be fined not more than the greater 
of--
            ``(1) the fine otherwise authorized by this part; and
            ``(2) the amount equal to twice the gross profits or other 
        proceeds of the offense under section 932 or 933.''.
    (b) Title III Authorization.--Section 2516(1)(n) of title 18, 
United States Code, is amended by striking ``and 924(n)'' and inserting 
``, 924, 932, or 933''.
    (c) Racketeering Amendment.--Section 1961(1)(B) of title 18, United 
States Code, is amended by inserting ``section 932 (relating to straw 
purchasing), section 933 (relating to trafficking in firearms),'' 
before ``section 1028''.
    (d) Money Laundering Amendment.--Section 1956(c)(7)(D) of title 18, 
United States Code, is amended by striking ``section 924(n)'' and 
inserting ``section 924(n), 932, or 933''.
    (e) Directive to Sentencing Commission.--Pursuant to its authority 
under section 994 of title 28, United States Code, and in accordance 
with this section, the United States Sentencing Commission shall review 
and amend its guidelines and policy statements to ensure that persons 
convicted of an offense under section 932 or 933 of title 18, United 
States Code and other offenses applicable to the straw purchases and 
firearms trafficking of firearms are subject to increased penalties in 
comparison to those currently provided by the guidelines and policy 
statements for such straw purchasing and firearms trafficking offenses. 
The Commission shall also review and amend its guidelines and policy 
statements to reflect the intent of Congress that a person convicted of 
an offense under section 932 or 933 of title 18, United States Code, 
who is affiliated with a gang, cartel, organized crime ring, or other 
such enterprise should be subject to higher penalties than an otherwise 
unaffiliated individual.
    (f) Technical and Conforming Amendment.--The table of sections of 
chapter 44 of title 18, United States Code, is amended by adding at the 
end the following:

``932. Straw purchasing of firearms.
``933. Trafficking in firearms.
``934. Forfeiture and fines.''.

SEC. 4. AMENDMENTS TO SECTION 922(D).

    Section 922(d) of title 18, United States Code, is amended--
            (1) in paragraph (8), by striking ``or'' at the end;
            (2) in paragraph (9), by striking the period at the end and 
        inserting a semicolon; and
            (3) by striking the matter following paragraph (9) and 
        inserting the following:
            ``(10) intends to sell or otherwise dispose of the firearm 
        or ammunition to a person described in any of paragraphs (1) 
        through (9); or
            ``(11) intends to sell or otherwise dispose of the firearm 
        or ammunition in furtherance of a crime of violence or drug 
        trafficking offense or to export the firearm or ammunition in 
        violation of law.
This subsection shall not apply with respect to the sale or disposition 
of a firearm or ammunition to a licensed importer, licensed 
manufacturer, licensed dealer, or licensed collector who pursuant to 
subsection (b) of section 925 is not precluded from dealing in firearms 
or ammunition, or to a person who has been granted relief from 
disabilities pursuant to subsection (c) of section 925.''.

SEC. 5. AMENDMENTS TO SECTION 924(A).

    Section 924(a) of title 18, United States Code, is amended--
            (1) in paragraph (2), by striking ``(d), (g),''; and
            (2) by adding at the end the following:
    ``(8) Whoever knowingly violates subsection (d) or (g) of section 
922 shall be fined under this title, imprisoned not more than 15 years, 
or both.''.

SEC. 6. AMENDMENTS TO SECTION 924(H).

    Section 924 of title 18, United States Code, is amended by striking 
subsection (h) and inserting the following:
    ``(h)(1) Whoever knowingly receives or transfers a firearm or 
ammunition, or attempts or conspires to do so, knowing or having 
reasonable cause to believe that such firearm or ammunition will be 
used to commit a crime of violence (as defined in subsection (c)(3)), a 
drug trafficking crime (as defined in subsection (c)(2)), or a crime 
under the Arms Export Control Act (22 U.S.C. 2751 et seq.), the 
International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), 
the Foreign Narcotics Kingpin Designation Act (21 U.S.C. 1901 et seq.), 
or section 212(a)(2)(C) of the Immigration and Nationality Act (8 
U.S.C. 1182(a)(2)(C)) shall be imprisoned not more than 25 years, fined 
in accordance with this title, or both.
    ``(2) No term of imprisonment imposed on a person under this 
subsection shall run concurrently with any term of imprisonment imposed 
on the person under section 932.''.

SEC. 7. AMENDMENTS TO SECTION 924(K).

    Section 924 of title 18, United States Code, is amended by striking 
subsection (k) and inserting the following:
    ``(k)(1) A person who, with intent to engage in or to promote 
conduct that--
            ``(A) is punishable under the Controlled Substances Act (21 
        U.S.C. 801 et seq.), the Controlled Substances Import and 
        Export Act (21 U.S.C. 951 et seq.), or chapter 705 of title 46;
            ``(B) violates any law of a State relating to any 
        controlled substance (as defined in section 102 of the 
        Controlled Substances Act, 21 U.S.C. 802); or
            ``(C) constitutes a crime of violence (as defined in 
        subsection (c)(3)),
smuggles or knowingly brings into the United States, a firearm or 
ammunition, or attempts or conspires to do so, shall be imprisoned not 
more than 15 years, fined under this title, or both.
    ``(2) A person who, with intent to engage in or to promote conduct 
that--
            ``(A) would be punishable under the Controlled Substances 
        Act (21 U.S.C. 801 et seq.), the Controlled Substances Import 
        and Export Act (21 U.S.C. 951 et seq.), or chapter 705 of title 
        46, if the conduct had occurred within the United States; or
            ``(B) would constitute a crime of violence (as defined in 
        subsection (c)(3)) for which the person may be prosecuted in a 
        court of the United States, if the conduct had occurred within 
        the United States,
smuggles or knowingly takes out of the United States, a firearm or 
ammunition, or attempts or conspires to do so, shall be imprisoned not 
more than 15 years, fined under this title, or both.''.
                                 <all>
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