I 
113TH CONGRESS 
1ST SESSION 
H. R. 955 
To increase public safety by punishing and deterring firearms trafficking. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 5, 2013 
Mr. RUSH (for himself and Ms. KAPTUR) 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 ‘‘Hadiya Pendleton and 
Nyasia Pryear-Yard Stop Illegal Trafficking in Firearms 
Act of 2013’’. 
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). 
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Sec. 6. Amendments to section 924(h). 
Sec. 7. Amendments to section 924(k). 
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 
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behalf of, or at the request or demand of any other 
person, known or unknown; or 
‘‘(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 
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term is defined in section 101(a)(26) of 
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 
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‘‘(II) by its terms explicitly prohibits 
the use, attempted use, or threatened use 
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, 
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the person shall be sentenced to a term of imprisonment 
of not more than 25 years. 
‘‘(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 
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interstate or foreign commerce, if the transferor 
knows or has reasonable cause to believe that the 
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(n)’’ 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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Congress that a person convicted of an offense under sec-
tion 932 or 933 of title 18, United States Code, who is 
affiliated with a gang, cartel, organized crime ring, or 
other such enterprise should be subject to higher penalties 
than an otherwise unaffiliated individual. 
(f) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of sections of chapter 44 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘932. Straw purchasing of firearms. 
‘‘933. Trafficking in firearms. 
‘‘934. Forfeiture and fines.’’. 
SEC. 4. AMENDMENTS TO SECTION 922(d). 
Section 922(d) of title 18, United States Code, is 
amended— 
(1) in paragraph (8), by striking ‘‘or’’ at the 
end; 
(2) in paragraph (9), by striking the period at 
the end and inserting a semicolon; and 
(3) by striking the matter following paragraph 
(9) and inserting the following: 
‘‘(10) intends to sell or otherwise dispose of the 
firearm or ammunition to a person described in any 
of paragraphs (1) through (9); or 
‘‘(11) intends to sell or otherwise dispose of the 
firearm or ammunition in furtherance of a crime of 
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violence or drug trafficking offense or to export the 
firearm or ammunition in violation of law. 
This subsection shall not apply with respect to the sale 
or disposition of a firearm or ammunition to a licensed 
importer, licensed manufacturer, licensed dealer, or li-
censed collector who pursuant to subsection (b) of section 
925 is not precluded from dealing in firearms or ammuni-
tion, or to a person who has been granted relief from dis-
abilities pursuant to subsection (c) of section 925.’’. 
SEC. 5. AMENDMENTS TO SECTION 924(a). 
Section 924(a) of title 18, United States Code, is 
amended— 
(1) in paragraph (2), by striking ‘‘(d), (g),’’; 
and 
(2) by adding at the end the following: 
‘‘(8) Whoever knowingly violates subsection (d) or (g) 
of section 922 shall be fined under this title, imprisoned 
not more than 15 years, or both.’’. 
SEC. 6. AMENDMENTS TO SECTION 924(h). 
Section 924 of title 18, United States Code, is 
amended by striking subsection (h) and inserting the fol-
lowing: 
‘‘(h)(1) Whoever knowingly receives or transfers a 
firearm or ammunition, or attempts or conspires to do so, 
knowing or having reasonable cause to believe that such 
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firearm or ammunition will be used to commit a crime of 
violence (as defined in subsection (c)(3)), a drug traf-
ficking crime (as defined in subsection (c)(2)), or a crime 
under the Arms Export Control Act (22 U.S.C. 2751 et 
seq.), the International Emergency Economic Powers Act 
(50 U.S.C. 1701 et seq.), the Foreign Narcotics Kingpin 
Designation Act (21 U.S.C. 1901 et seq.), or section 
212(a)(2)(C) of the Immigration and Nationality Act (8 
U.S.C. 1182(a)(2)(C)) shall be imprisoned not more than 
25 years, fined in accordance with this title, or both. 
‘‘(2) No term of imprisonment imposed on a person 
under this subsection shall run concurrently with any term 
of imprisonment imposed on the person under section 
932.’’. 
SEC. 7. AMENDMENTS TO SECTION 924(k). 
Section 924 of title 18, United States Code, is 
amended by striking subsection (k) and inserting the fol-
lowing: 
‘‘(k)(1) A person who, with intent to engage in or 
to promote conduct that— 
‘‘(A) is punishable under the Controlled Sub-
stances Act (21 U.S.C. 801 et seq.), the Controlled 
Substances Import and Export Act (21 U.S.C. 951 
et seq.), or chapter 705 of title 46; 
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‘‘(B) violates any law of a State relating to any 
controlled substance (as defined in section 102 of 
the Controlled Substances Act, 21 U.S.C. 802); or 
‘‘(C) constitutes a crime of violence (as defined 
in subsection (c)(3)), 
smuggles or knowingly brings into the United States, a 
firearm or ammunition, or attempts or conspires to do so, 
shall be imprisoned not more than 15 years, fined under 
this title, or both. 
‘‘(2) A person who, with intent to engage in or to 
promote conduct that— 
‘‘(A) would be punishable under the Controlled 
Substances Act (21 U.S.C. 801 et seq.), the Con-
trolled Substances Import and Export Act (21 
U.S.C. 951 et seq.), or chapter 705 of title 46, if the 
conduct had occurred within the United States; or 
‘‘(B) would constitute a crime of violence (as 
defined in subsection (c)(3)) for which the person 
may be prosecuted in a court of the United States, 
if the conduct had occurred within the United 
States, 
smuggles or knowingly takes out of the United States, a 
firearm or ammunition, or attempts or conspires to do so, 
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shall be imprisoned not more than 15 years, fined under 
this title, or both.’’. 
Æ 
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