Prevent Gun Trafficking Act

To amend title 18, United States Code, to combat straw purchases of firearms and deter firearms trafficking. 1. Short title This Act may be cited as the Prevent Gun Trafficking Act 2. Prohibition on straw purchases of firearms; prohibition on gun trafficking (a) In general Chapter 44 (1) in section 921(a), by adding at the end the following: (36) The term family members ; and (2) by adding at the end the following: 932. Gun trafficking (a) It shall be unlawful for any person (other than a licensee under this chapter), in or otherwise affecting interstate or foreign commerce, to knowingly purchase or acquire, or attempt to purchase or acquire, a firearm from or through such a licensee for the possession of a third party. (b) It shall be unlawful for any person (other than a licensee under this chapter), in or otherwise affecting interstate or foreign commerce, to solicit, hire, demand, or order another person to purchase, or attempt to purchase, any firearm for the purpose of obtaining the firearm for the person or selling or transferring the firearm to a third party. (c) The Attorney General shall ensure that the firearm transaction record form required to be completed in connection with a firearm transaction includes a statement outlining the penalties that may be imposed for violating subsection (a). (d) This section shall not apply to any firearm— (1) that is purchased or acquired by any person, or that any person attempts to purchase or acquire, as a bona fide gift between family members; or (2) that is purchased or acquired by an agent of a lawful business, or that an agent of a lawful business attempts to purchase or acquire, for the purpose of transferring to another agent of the business, for lawful use in the business, if the purchaser or person acquiring the firearm has no reason to believe that the recipient of the firearm will use or intends to use the firearm in a crime or is prohibited from purchasing or possessing firearms under State or Federal law. . (b) Forfeiture Section 982(a)(5) of such title is amended— (1) in subparagraph (D), by striking or (2) by inserting after subparagraph (E) the following: (F) section 922(a)(1)(A) (related to unlicensed firearms sales); (G) section 922(d) (relating to illegal gun transfers); or (H) section 932 (relating to gun trafficking), . (c) Money laundering amendment Section 1956(c)(7)(D) of such title is amended by striking section 924(n) section 922(a)(1)(A), 922(d), 924(n), or 932 (d) Clerical amendment The table of sections for such chapter is amended by adding at the end the following: 932. Gun trafficking. . 3. Prohibition on disposition of firearm to person intending unlawful further disposition Section 922(d) of title 18, United States Code, is amended in the 1st sentence— (1) in paragraph (8), by striking or (2) in paragraph (9), by striking the period at the end and inserting ; or (3) by inserting after and below paragraph (9) the following: (10) intends to sell or otherwise dispose of the firearm or ammunition in violation of a Federal law, or to sell or otherwise dispose of the firearm or ammunition to a person in another State in violation of a law of that State. . 4. Penalties Section 924(a) of title 18, United States Code, is amended by adding at the end the following: (8) Whoever knowingly violates section 922(a)(1)(A) or 932 shall be fined under this title, imprisoned not more than 10 years, or both. . 5. Firearms subject to forfeiture Section 924(d) of title 18, United States Code, is amended— (1) in paragraph (1), by inserting or 932 section 924 (2) in paragraph (3)— (A) in subparagraph (E), by striking and (B) in subparagraph (F), by striking the period at the end and inserting ; and (C) by adding at the end the following: (G) any offense under section 932. .

Summary: Prevent Gun Trafficking Act This bill establishes new federal criminal offenses for gun trafficking and related conduct. First, the bill establishes a stand-alone federal criminal offense for gun trafficking. A violation is punishable by a fine, a prison term of up to 10 years, or both. The bill also authorizes the seizure and forfeiture of the firearms and ammunition involved in the offense, the property involved in the offense, and the proceeds (or property traceable to the proceeds) derived from the offense. Second, the bill makes it unlawful to sell or dispose of a firearm or ammunition to any person knowing or having reason to believe that the person intends to sell or dispose of the firearm in violation of a federal law, or to sell or dispose of the firearm to a person in another state in violation of that state's law. A violation is subject to existing penalties under current law—a fine, a prison term of up to 10 years, or both. Current law already authorizes the seizure and forfeiture of firearms and ammunition involved in the offense. This bill also authorizes the seizure and forfeiture of the property involved in the offense and the proceeds (or property traceable to the proceeds) derived from the offense.