I 
114TH CONGRESS 
2D SESSION 
H. R. 5080 
To prevent gun trafficking. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 27, 2016 
Ms. CLARKE of New York introduced the following bill; which was referred 
to the Committee on the Judiciary 
A BILL 
To prevent gun trafficking. 
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 ‘‘Hadiya Pendleton and 
Nyasia Pryear-Yard Gun Trafficking and Crime Preven-
tion Act of 2016’’. 
SEC. 2. FIREARMS TRAFFICKING. 
(a) IN GENERAL.—Chapter 44 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
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‘‘§ 932. Trafficking in firearms 
‘‘(a) OFFENSES.—It shall be unlawful for any person, 
regardless of whether anything of value is exchanged— 
‘‘(1) to ship, transport, transfer, or otherwise 
dispose to a person, 2 or more firearms in or affect-
ing interstate or foreign commerce, if the transferor 
knows or has reasonable cause to believe that such 
use, carry, possession, or disposition of the firearm 
would be in violation of, or would result in a viola-
tion of any Federal, State, or local law punishable 
by a term of imprisonment exceeding 1 year; 
‘‘(2) to receive from a person, 2 or more fire-
arms in or affecting interstate or foreign commerce, 
if the recipient knows or has reasonable cause to be-
lieve that such receipt would be in violation of, or 
would result in a violation of any Federal, State, or 
local law punishable by a term of imprisonment ex-
ceeding 1 year; 
‘‘(3) to make a statement to a licensed im-
porter, licensed manufacturer, or licensed dealer re-
lating to the purchase, receipt, or acquisition from 
a licensed importer, licensed manufacturer, or li-
censed dealer of 2 or more firearms that have moved 
in or affected interstate or foreign commerce that— 
‘‘(A) is material to— 
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‘‘(i) the identity of the actual buyer of 
the firearms; or 
‘‘(ii) the intended trafficking of the 
firearms; and 
‘‘(B) the person knows or has reasonable 
cause to believe is false; or 
‘‘(4) to direct, promote, or facilitate conduct 
specified in paragraph (1), (2), or (3). 
‘‘(b) PENALTIES.— 
‘‘(1) IN GENERAL.—Any person who violates, or 
conspires to violate, subsection (a) shall be fined 
under this title, imprisoned for not more than 20 
years, or both. 
‘‘(2) ORGANIZER ENHANCEMENT.—If a viola-
tion 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, 
a supervisory position, or any other position of man-
agement, such person may be sentenced to an addi-
tional term of imprisonment of not more than 5 con-
secutive years. 
‘‘(c) DEFINITIONS.—In this section— 
‘‘(1) the term ‘actual buyer’ means the indi-
vidual for whom a firearm is being purchased, re-
ceived, or acquired; and 
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‘‘(2) the term ‘term of imprisonment exceeding 
1 year’ does not include any offense classified by the 
applicable jurisdiction as a misdemeanor and punish-
able by a term of imprisonment of 2 years or less.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of sections for chapter 44 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘932. Trafficking in firearms.’’. 
(c) DIRECTIVE TO THE SENTENCING COMMISSION.— 
(1) IN
GENERAL.—Pursuant to its authority 
under section 994(p) of title 28, United States Code, 
the United States Sentencing Commission shall re-
view and, if appropriate, amend the Federal sen-
tencing guidelines and policy statements applicable 
to persons convicted of offenses under section 932 of 
title 18, United States Code (as added by subsection 
(a)). 
(2) REQUIREMENTS.—In carrying out this sec-
tion, the Commission shall— 
(A) review the penalty structure that the 
guidelines currently provide based on the num-
ber of firearms involved in the offense and de-
termine whether any changes to that penalty 
structure are appropriate in order to reflect the 
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intent of Congress that such penalties reflect 
the gravity of the offense; and 
(B) review and amend, if appropriate, the 
guidelines and policy statements to reflect the 
intent of Congress that guideline penalties for 
violations of section 932 of title 18, United 
States Code, and similar offenses be increased 
substantially when committed by a person who 
is a member of a gang, cartel, organized crime 
ring, or other such enterprise or in concert with 
another person who is a member of a gang, car-
tel, organized crime ring or other such enter-
prise. 
Æ 
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