I 
113TH CONGRESS 
1ST SESSION 
H. R. 404 
To enhance criminal penalties for straw purchasers of firearms. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 23, 2013 
Mr. SCHIFF (for himself, Ms. LEE of California, Mr. MEEKS, Mr. PIERLUISI, 
Ms. NORTON, Mr. MORAN, Mr. DANNY K. DAVIS of Illinois, Ms. 
DELAURO, Mr. TAKANO, Ms. SLAUGHTER, and Mr. SHERMAN) intro-
duced the following bill; which was referred to the Committee on the Ju-
diciary 
A BILL 
To enhance criminal penalties for straw purchasers of 
firearms. 
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 ‘‘Straw Purchaser Pen-
alty Enhancement Act’’. 
SEC. 2. SENTENCING ENHANCEMENT FOR CERTAIN STRAW 
PURCHASERS. 
Section 924 of title 18, United States Code, is 
amended by adding at the end the following: 
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‘‘(q)(1) Whoever violates section 922(a)(6) or sub-
section (a)(1)(A) of this section— 
‘‘(A) knowing or having reason to believe that 
the violation will further the transfer of two or more 
firearms to a person prohibited by law from ship-
ping, transporting, possessing or receiving a firearm; 
and 
‘‘(B) with the intent to conceal from the trans-
feror of the firearm the identity of the person re-
ferred to in subparagraph (A), 
shall, in addition to the punishment otherwise provided for 
the violation, be sentenced to a term of imprisonment of 
2 years. 
‘‘(2) Notwithstanding any other provision of law: 
‘‘(A) The court shall not place on probation any 
person convicted of a violation described in para-
graph (1). 
‘‘(B) The court shall not reduce a term of im-
prisonment to be imposed for such a violation so as 
to compensate for, or otherwise take into account, a 
term of imprisonment imposed or to be imposed for 
a separate such violation. 
‘‘(C)(i) Except as provided in clause (ii), a term 
of imprisonment imposed on a person under this 
subsection shall not run concurrently with a term of 
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imprisonment imposed on the person under any 
other provision of law. 
‘‘(ii) A term of imprisonment imposed on a per-
son for such a violation may, in the discretion of the 
court, run concurrently, in whole or in part, with an-
other term of imprisonment imposed on the person 
by the court at the same time for a separate such 
violation, subject to applicable guidelines and policy 
statements issued by the Sentencing Commission 
pursuant to section 994 of title 28. 
‘‘(D)(i) Section 3553(a) shall apply in sen-
tencing under this subsection. 
‘‘(ii) Before imposing a sentence in accordance 
with section 3553(a), the court shall give the parties 
reasonable notice of the intent of the court to do so 
and an opportunity to respond. 
‘‘(iii) If the court imposes a sentence in accord-
ance with section 3553(a), the court shall state, in 
the written statement of reasons, the factors under 
section 3553(a) that require imposition of a sentence 
below the statutory minimum. 
‘‘(3) The Attorney General shall issue regulations re-
quiring any form required to be completed by the pur-
chaser of a firearm from a person licensed under section 
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923 to include a notice of the provisions of this sub-
section.’’. 
Æ 
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