I 
116TH CONGRESS 
1ST SESSION 
H. R. 33 
To increase public safety by punishing and deterring firearms trafficking. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 3, 2019 
Mr. RUSH introduced the following bill; which was 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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Gun Trafficking Prohi-
bition Act’’. 
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. 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). 
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SEC. 3. ANTI-STRAW PURCHASING AND FIREARMS TRAF-
FICKING AMENDMENTS. 
(a) IN GENERAL.—Chapter 44 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 932. Straw purchasing of firearms 
‘‘(a) For purposes of this section— 
‘‘(1) the term ‘crime of violence’ has the mean-
ing 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 fire-
arm— 
‘‘(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 col-
lector, or licensed dealer) to knowingly purchase, or at-
tempt or conspire to purchase, any firearm in or otherwise 
affecting interstate or foreign commerce— 
‘‘(1) from a licensed importer, licensed manu-
facturer, licensed collector, or licensed dealer for, on 
behalf of, or at the request or demand of any other 
person, known or unknown; or 
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‘‘(2) from any person who is not a licensed im-
porter, 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 de-
fective or has been committed to any mental in-
stitution; 
‘‘(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 
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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 re-
strains 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 in-
jury 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 oppor-
tunity 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 
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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 oth-
erwise dispose of the firearm or ammuni-
tion in furtherance of a crime of violence 
or drug trafficking crime; or 
‘‘(ii) export the firearm or ammuni-
tion 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 de-
scribed in any of subparagraphs (A) through 
(K). 
‘‘(c)(1) Except as provided in paragraph (2), any per-
son 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 fire-
arm 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. 
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‘‘(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 recipi-
ent who provided no service or tangible thing of 
value to acquire the firearm, unless the person 
knows or has reasonable cause to believe such recipi-
ent is prohibited by Federal law from possessing, re-
ceiving, selling, shipping, transporting, transferring, 
or otherwise disposing of the firearm; or 
‘‘(2) to be given to a bona fide winner of an or-
ganized raffle, contest, or auction conducted in ac-
cordance 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 pos-
sessing, purchasing, receiving, selling, shipping, 
transporting, transferring, or otherwise disposing of 
the firearm. 
‘‘§ 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 fire-
arms to another person in or otherwise affecting 
interstate or foreign commerce, if the transferor 
knows or has reasonable cause to believe that the 
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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 for-
eign commerce, if the recipient knows or has reason-
able 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 per-
son 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 orga-
nizer, leader, supervisor, or manager, the person shall be 
sentenced to a term of imprisonment of not more than 
25 years. 
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‘‘§ 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 indi-
rectly, as the result of such violation; and 
‘‘(B) any of the person’s property used, or in-
tended to be used, in any manner or part, to com-
mit, or to facilitate the commission of, such viola-
tion. 
‘‘(2) The court, in imposing sentence on a person con-
victed of a violation of section 932 or 933, shall order, 
in addition to any other sentence imposed pursuant to sec-
tion 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 pro-
ceeds 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.’’. 
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(b) TITLE III AUTHORIZATION.—Section 2516(1)(n) 
of title 18, United States Code, is amended by striking 
‘‘and 924’’ 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.—Pur-
suant 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 applica-
ble to the straw purchases and firearms trafficking of fire-
arms are subject to increased penalties in comparison to 
those currently provided by the guidelines and policy state-
ments 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 
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