STOP Straw Purchases Act

To amend title 18, United States Code, to combat straw purchases of firearms. 1. Short title This Act may be cited as the STOP Straw Purchases Act 2. Increase in penalties for straw purchasers of firearms Section 924(a)(2) of title 18, United States Code, is amended by inserting , except that in the case of a violation of section 922(a)(6) involving deception as to the identity of the actual transferee of a firearm, if the violator knows or has reasonable cause to believe the actual transferee intends the firearm to be used to commit a crime of violence (as defined in subsection (c)(3)) or drug trafficking crime (as defined in subsection (c)(2)) or to be disposed of to a person prohibited from receiving the firearm, the violator shall be fined not more than $750,000, imprisoned not more than 25 years, or both 3. Prohibition on continuing criminal enterprise involving straw purchases of firearms; prohibition on obtaining firearm by inducing straw purchase (a) Prohibitions Section 922 of title 18, United States Code, is amended by adding at the end the following: (aa) It shall be unlawful for any person, in or affecting interstate or foreign commerce, to— (1) induce, or act in concert with, another person to engage in a continuing series of violations of subsection (a)(6) involving deception as to the identity of the actual transferee of a firearm, with the intent to obtain the firearm for use in a crime of violence (as defined in section 924(c)(3)) or drug trafficking crime (as defined in section 924(c)(2)) or on behalf of a person prohibited from receiving the firearm, from which such person obtains substantial income or resources; and (2) with respect to such other person, occupy a position of organizer, a supervisory position, or any other position of management. (bb) It shall be unlawful for any person, in or affecting interstate or foreign commerce, to obtain a firearm by inducing another person to violate subsection (a)(6) by falsely claiming to be the actual transferee of the firearm, with the intent to obtain the firearm for use in a crime of violence (as defined in section 924(c)(3)) or drug trafficking crime (as defined in section 924(c)(2)) or on behalf of a person prohibited from receiving the firearm. . (b) Penalties Section 924(a) of such title is amended by adding at the end the following: (8) Whoever knowingly violates section 922(aa) shall be fined not more than $1,000,000, imprisoned not more than 30 years, or both. (9) Whoever knowingly violates section 922(bb) shall be fined not more than $750,000, imprisoned not more than 25 years, or both. . 4. Inclusion in firearms transaction record form of outline of penalties for the straw purchase of a firearm The Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives shall ensure that the Firearms Transaction Record form used by the Bureau includes a statement outlining the penalties for acting as the straw purchaser of a firearm. For purposes of this section, a person acts as the straw purchaser of a firearm if the person violates section 922(a)(6) of title 18, United States Code, through deception as to the identity of the actual transferee of the firearm, if the person knows or has reasonable cause to believe the actual transferee intends the firearm is to be used to commit a crime of violence (as defined in section 924(c)(3) of such title) or drug trafficking crime (as defined in section 924(c)(2) of such title) or to be disposed of to a person prohibited from receiving the firearm.

Summary: STOP Straw Purchases Act This bill establishes new criminal offenses and penalties to deter straw purchases of firearms (i.e., firearm purchases from a licensed gun dealer by one person on behalf of another person). Current law prohibits and imposes penalties—a fine, a prison term of up to 10 years, or both—for making false statements in connection with the acquisition of a firearm from a federally licensed dealer. This bill increases the statutory maximum prison sentence—from 10 years to 25 years—for a violation by a person who is acting as a straw purchaser. Under this bill, a straw purchaser is a person who makes false statements involving deception about the identity of the actual buyer and knows or has reasonable cause to believe the actual buyer intends the firearm to be (1) used in a crime of violence or drug trafficking crime, or (2) transferred to a prohibited person. Additionally, the bill establishes new related criminal offenses. Specifically, it prohibits and imposes penalties for inducing another person, as a leader of a straw purchasing ring, to act as a straw purchaser in a continuing series of transactions from which the person obtains income or resources; or obtaining a firearm by inducing another person to act as a straw purchaser. Finally, the bill directs the Bureau of Alcohol, Tobacco, Firearms and Explosives to include in the Firearms Transaction Record form a statement outlining penalties for acting as a straw purchaser.