I
105TH CONGRESS
1ST SESSION
H. R. 1264
To amend title 18, United States Code, to prohibit gunrunning, and provide
mandatory minimum penalties for crimes related to gunrunning.
IN THE HOUSE OF REPRESENTATIVES
APRIL 9, 1997
Mr. SCHUMER introduced the following bill; which was referred to the Com-
mittee on the Judiciary, and in addition to the Committee on Government
Reform and Oversight, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned
A BILL
To amend title 18, United States Code, to prohibit
gunrunning, and provide mandatory minimum penalties
for crimes related to gunrunning.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Gun Kingpin Penalty
Act’’.
SEC. 2. PROHIBITION AGAINST GUNRUNNING.
Section 922 of title 18, United States Code, is
amended by inserting after subsection (x) the following:
‘‘(y) It shall be unlawful for a person not licensed
under section 923 to ship or transport, or conspire to ship
or transport, 5 or more firearms from a State into another
State during any period of 12 consecutive months, with
the intent to transfer all of such firearms to another per-
son who is not so licensed.’’.
SEC. 3. MANDATORY MINIMUM PENALTIES FOR CRIMES RE-
LATED TO GUNRUNNING.
Section 924 of title 18, United States Code, is
amended by adding at the end the following:
‘‘(p)(1)(A)(i) Whoever violates section 922(y) shall,
except as otherwise provided in this subsection, be impris-
oned not less than 3 years, and may be fined under this
title.
‘‘(ii) In the case of a person’s second or subsequent
violation described in clause (i), the term of imprisonment
shall be not less than 5 years.
‘‘(B) If a firearm which is shipped or transported in
violation of section 922(y) is used subsequently by the per-
son to whom shipped or transported, or by any person
within 3 years after the shipment or transportation, in an
offense in which a person is killed or suffers serious bodily
injury, the term of imprisonment for the violation shall
be not less than 10 years.
‘‘(C) If more than 50 firearms are the subject of a
violation of section 922(y), the term of imprisonment for
the violation shall be not less than 15 years.
‘‘(D) If more than 50 firearms are the subject of a
violation of section 922(y) and 1 of the firearms is used
subsequently by the person to whom shipped or trans-
ported, or by any person within 3 years after the shipment
or transportation, in an offense in which a person is killed
or suffers serious bodily injury, the term of imprisonment
for the violation shall be not less than 25 years.
‘‘(2) Notwithstanding any other provision of law, the
court shall not impose a probationary sentence or suspend
the sentence of a person convicted of a violation of this
subsection, nor shall any term of imprisonment imposed
on a person under this subsection run concurrently with
any other term of imprisonment imposed on the person
by a court of the United States.’’.
SEC. 4. CRIMES RELATED TO GUNRUNNING MADE PREDI-
CATE OFFENSES UNDER RICO.
Section 1961(1)(B) of title 18, United States Code,
is amended by inserting ‘‘section 922(a)(1)(A) (relating
to unlicensed importation, manufacture, or dealing in fire-
arms), section 922(a)(3) (relating to interstate transpor-
tation or receipt of firearm), section 922(a)(5) (relating
to transfer of firearm to person from another State), or