I 
111TH CONGRESS 
1ST SESSION H. R. 4298 
To prevent gun trafficking in the United States. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 11, 2009 
Mrs. MCCARTHY of New York (for herself, Mr. TOWNS, Mr. MORAN of Vir-
ginia, Ms. JACKSON-LEE of Texas, Mrs. MALONEY, Mr. SERRANO, Mr. 
MCGOVERN, and Mr. QUIGLEY) introduced the following bill; which was 
referred to the Committee on the Judiciary 
A BILL 
To prevent gun trafficking in the United States. 
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 Pre-
vention Act of 2009’’. 
SEC. 2. FINDINGS. 
Congress finds and declares that— 
(1) in the United States, the black market is 
the source for guns used in more than 90 percent 
of gun crimes; 
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(2) nearly 90 percent of the guns used in gun 
crimes in New York City, New York come from 
other States; 
(3) according to the Federal Bureau of Inves-
tigation, in 2008, in the United States, 2⁄3 of all 
murders committed resulted from the use of a fire-
arm, and 2,364 people under the age of 22 were 
murdered with a firearm; 
(4) the Bureau of Alcohol, Tobacco, Firearms 
and Explosives (in this section referred to as the 
‘‘ATF’’) crime gun trace reports show that only 
about 1 percent of licensed firearms arms dealers 
supply nearly 60 percent of crime gun traces; 
(5) ATF has found that Straw Purchasers are 
the largest source of guns trafficked into the illegal 
market; 
(6) then Acting ATF Director Michael J. Sulli-
van’s April 19, 2007, testimony to the Senate Ap-
propriations Subcommittee on Commerce, Justice, 
Science, and Related Agencies, named as ‘‘signifi-
cant regional, national and international trafficking 
corridors’’— 
(A) the Southwest Border; 
(B) the I–95 corridor between Miami and 
Boston; 
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(C) Northern rural Mississippi to Chicago; 
(D) Northern Indiana to Chicago; 
(E) the triangle between Los Angeles, Las 
Vegas and Phoenix; and 
(F) Birmingham to Chicago; 
(7) there are approximately 2500 agents, and 
600 Industry Operator Investigators (in this section 
referred to as the ‘‘IOI’’) for the 115,000 Federal 
Firearm Licensees in the United States; 
(8) the average cycle of inspection is 7 to 10 
years; and 
(9) ATF needs more resources to prevent guns 
from falling into the hands of those persons not le-
gally allowed to possess them. 
SEC. 3. TRAFFICKING IN FIREARMS. 
(a) IN GENERAL.—Chapter 44 of title 18, United 
States Code, is amended by inserting at the end the fol-
lowing: 
‘‘§ 932. Trafficking in firearms 
‘‘(a) IN GENERAL.— 
‘‘(1) OFFENSE.—It shall be unlawful for any 
person knowingly, regardless of whether anything of 
value is exchanged— 
‘‘(A) to ship, transport, transfer, or other-
wise dispose to a person, 2 or more firearms in 
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or affecting interstate or foreign commerce, if 
the transferor knows or has reasonable cause to 
believe that such disposition would be in viola-
tion of, or would result in a violation of any 
Federal, State, or local law punishable by a 
term of imprisonment exceeding 1 year; 
‘‘(B) to receive from a person, 2 or more 
firearms in or affecting interstate or foreign 
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, State, or local law punishable by 
a term of imprisonment exceeding 1 year; 
‘‘(C) except a licensed importer, licensed 
manufacturer, or licensed dealer, to make mate-
rially false statements to a licensed importer, li-
censed manufacturer, or licensed dealer, relat-
ing to the purchase, receipt, or acquisition from 
a licensed importer, licensed manufacturer, or 
licensed dealer of 2 or more firearms that have 
moved in or affected interstate or foreign com-
merce, for the person, or for or on behalf of any 
other person; or 
‘‘(D) to direct, promote, or facilitate con-
duct specified in subparagraph (A), (B), or (C). 
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‘‘(2) PENALTY.—Any person who violates this 
section shall be fined under this title, imprisoned not 
more than 20 years, or both. 
‘‘(3) APPLICATION.— 
‘‘(A) AFFIRMATIVE DEFENSE.—It is an af-
firmative defense to any prosecution for a viola-
tion of subparagraph (A) or (B) of paragraph 
(1) of this subsection or a violation of para-
graph (1)(D) of this subsection that relates to 
conduct specified in subparagraph (A) or (B) of 
paragraph (1) that the firearm at issue was 
transferred only after a background check on 
the actual buyer pursuant to section 922(t) in-
dicated that the actual buyer’s receipt of the 
firearm would not violate section 922(g) or (n) 
or State law. 
‘‘(B) DEFINITIONS.—In this subsection— 
‘‘(i) the term ‘term of imprisonment 
exceeding 1 year’ does not include any of-
fense classified by such jurisdiction as a 
misdemeanor and punishable by a term of 
imprisonment of 2 years or less; and 
‘‘(ii) the term ‘actual buyer’ means 
the individual for whom the firearm is 
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being purchased, as described in paragraph 
(1)(C). 
‘‘(C) PURCHASE.—Paragraph (1) shall not 
apply to a firearm that is— 
‘‘(i) lawfully acquired by a person to 
be given to another person not prohibited 
from possessing a firearm under Federal, 
State, or local law as a gift; or 
‘‘(ii) lawfully received or otherwise ac-
quired by a court-appointed trustee, re-
ceiver, or conservator for, or on behalf of, 
an estate or creditor or by a person to 
carry out a bequest, or an acquisition by 
intestate succession under the laws of the 
State of residence of the person. 
‘‘(b) SENTENCING GUIDELINES ENHANCEMENTS.— 
Pursuant to its authority under section 994(p) of title 28, 
United States Code, the United States Sentencing Com-
mission shall amend the Federal Sentencing Guidelines to 
provide for an appropriate increase in the offense level for 
each of the following violations of this section, if the of-
fense involves the shipping, transporting, transferring, dis-
posing of, or receiving— 
‘‘(1) more than 4, but fewer than 15 firearms; 
‘‘(2) more than 14, but fewer than 25 firearms; 
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‘‘(3) more than 24 but fewer than 100 fire-
arms; and 
‘‘(4) 100 or more firearms. 
‘‘(c) ORGANIZER.—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 posi-
tion of organizer, a supervisory position, or any other posi-
tion of management, that person may be sentenced to an 
additional term of imprisonment of not more than 5 con-
secutive years. 
‘‘(d) CONSPIRACY.—Any person who attempts or con-
spires to commit any offense defined in this section may 
be subject to the same penalties, including those under 
subsections (b) and (c), as those prescribed for the com-
pleted offense.’’. 
(b) 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. Trafficking in firearms.’’. 
SEC. 4. CRACKING DOWN ON CORRUPT GUN DEALERS. 
(a) IN GENERAL.—Section 923 of title 18, United 
States Code, is amended by striking subsections (e) and 
(f) and inserting the following: 
‘‘(e)(1) If the holder of a license issued under this 
section knowingly violates any provision of this chapter, 
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chapter 53 of the Internal Revenue Code of 1986, the 
Arms Export Control Act (22 U.S.C. 2751 et seq.), or sec-
tion 1001 of this title, or any rule or regulation as pre-
scribed by the Attorney General, the Attorney General 
may— 
‘‘(A) assess on the licensee a civil penalty of not 
more than $2,500; and 
‘‘(B) suspend for not more than 6 months, or 
revoke, any license issued under this section. 
‘‘(2)(A) Except as provided in subparagraph (B), the 
Attorney General may, after notice and opportunity for 
hearing, assess a civil penalty on, or suspend or revoke 
any license issued to, a licensee under this section, if the 
licensee fails to have secure gun storage or safety devices 
available at any place in which firearms are sold under 
the license to persons who are not licensees. 
‘‘(B) Subparagraph (A) shall not apply in any case 
in which a secure gun storage or safety device is tempo-
rarily unavailable because of theft, casualty loss, consumer 
sales, backorders from a manufacturer, or any other simi-
lar reason beyond the control of the licensee, the dealer 
shall not be considered to be in violation of the require-
ment to make available such a device. 
‘‘(3) The Attorney General may, after notice and op-
portunity for hearing, assess a civil penalty on, or suspend 
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or revoke the license of a dealer who knowingly transfers 
armor piercing ammunition. 
‘‘(4) The Attorney General may suspend or revoke 
any license issued under this section if the holder of the 
license has been indicted for knowingly violating any provi-
sion of this chapter, chapter 53 of the Internal Revenue 
Code of 1986, the Arms Export Control Act (22 U.S.C. 
2751 et seq.), or section 1001 of this title in a manner 
that could create a threat to public safety. 
‘‘(f)(1) Any person whose application for a license is 
denied and any holder of a license which is suspended or 
revoked or who is assessed a civil penalty shall receive 
written notice from the Attorney General stating specifi-
cally the grounds upon which the application was denied 
or upon which the license was suspended or revoked or 
the civil penalty assessed. Any notice of a fine, suspension, 
or revocation of a license shall be given to the holder of 
the license not less than 14 days before the effective date 
of the suspension, revocation, or imposition of a civil pen-
alty, unless the Attorney General determines that good 
cause exists to waive such notification requirement, in 
which case notification shall be given as soon as prac-
ticable. 
‘‘(2) If the Attorney General denies an application 
for a license, or suspends or revokes a license, or assesses 
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a civil penalty, the Attorney General shall, upon request 
by the aggrieved party, promptly hold a hearing to review 
the denial, suspension, revocation, or assessment. A hear-
ing under this paragraph shall be held at a location con-
venient to the aggrieved party and shall be conducted pur-
suant to chapter 5 of title 5. 
‘‘(3) If, after a hearing held under paragraph (2), the 
Attorney General decides not to reverse the decision to 
deny an application or suspend or revoke a license or as-
sess a civil penalty, the Attorney General shall give notice 
in writing of the decision to the aggrieved party. The ag-
grieved party may at any time within 60 days after the 
date of notice is given under this paragraph file a petition 
with the United States district court for the district in 
which the party resides or in which the party’s principal 
place of business is located for judicial review of the de-
nial, suspension, revocation, or assessment. Such judicial 
review shall be conducted pursuant to chapter 7 of title 
5. If the court decides that the Attorney General was not 
authorized to deny the application or to suspend or revoke 
the license or to assess the civil penalty, the court shall 
order the Attorney General to take such action as may 
be necessary to comply with the judgment of the court.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
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(1) SECTION 925 OF TITLE 18.—Section 925 of 
title 18, United States Code, is amended— 
(A) by striking subsection (b); 
(B) by redesignating subsections (c), (d), 
(e), and (f) as subsections (b), (c), (d), and (e), 
respectively; and 
(C) in subsection (e), as redesignated, by 
striking ‘‘under subsection (d)’’ and inserting 
‘‘under subsection (c)’’. 
(2) SECTION 922 OF TITLE 18.—Section 922(d) 
of title 18, United States Code, is amended in the 
matter following paragraph (9)— 
(A) by striking ‘‘subsection (b) of section 
925’’ and inserting ‘‘section 923(e)(4)’’; and 
(B) by striking ‘‘subsection (c)’’ and in-
serting ‘‘subsection (b)’’. 
(3) ARMS EXPORT AND CONTROL ACT.—Section 
38(b)(1)(B)(i) of the Arms Export and Control Act 
(22 U.S.C. 2778(b)(1)(B)(i)) is amended by striking 
‘‘section 925(e)’’ and inserting ‘‘section 925(d)’’. 
(4) ATOMIC
ENERGY
ACT
OF
1954.—Section 
161A of the Atomic Energy Act of 1954 (42 U.S.C. 
2201a) is amended by striking ‘‘section 925(d)(3)’’ 
and inserting ‘‘section 925(c)(3)’’. 
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SEC. 5. CHANGE THE STANDARD FOR GUN SELLER FED-
ERAL FIREARMS LICENSE APPROVAL. 
Section 923(d)(1) of title 18, United States Code, is 
amended— 
(1) in subparagraph (C), by striking ‘‘willfully’’ 
and inserting ‘‘knowingly’’; and 
(2) in subparagraph (D), by striking ‘‘willfully’’ 
and inserting ‘‘knowingly’’. 
SEC. 6. STRENGTHEN PENALTIES FOR RECORD-KEEPING 
VIOLATIONS. 
Section 924(a)(3) of title 18, United States Code, is 
amended by striking ‘‘one year’’ and inserting ‘‘3 years’’. 
SEC. 7. CRACKING DOWN ON HIGH RISK GUN DEALERS. 
Section 923 of title 18, United States Code is amend-
ed by adding the following: 
‘‘(m)(1) At least once every year, the Attorney Gen-
eral shall identify licensed firearms dealers who have a 
heightened risk of firearms being diverted to criminal use 
based on criteria determined by the Attorney General 
which may include 2 or more of the following: 
‘‘(A) Short time-to-crime for crime guns traced 
to a dealer. 
‘‘(B) Incomplete crime gun trace results for 
firearms sold by a dealer. 
‘‘(C) Significant or frequently reported firearm 
losses or thefts by a dealer. 
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‘‘(D) Violations of Federal firearms laws by a 
dealer. 
‘‘(E) Any additional criteria determined by the 
Attorney General. 
‘‘(2)(A) The Attorney General may impose special 
conditions on dealers determined to be subject to a height-
ened risk of diversion under paragraph (1) after written 
notice 14 days in advance, including— 
‘‘(i) inspection or examination of inventory and 
records, notwithstanding subsection (g)(1)(B); 
‘‘(ii) requirements that the dealer secure fire-
arms at its business premises in a manner to be de-
termined by the Attorney General; 
‘‘(iii) mandatory inventory check and reconcili-
ation of firearms at the business premises by the 
dealer in a manner to be determined by the Attorney 
General and notwithstanding any other provision of 
Federal law; 
‘‘(iv) notwithstanding section 922(t)(1)(B)(ii), a 
requirement that the dealer not complete firearm 
sales or transfers until the national instant criminal 
background check system has informed the dealer 
that the sale or transfer may proceed; and 
‘‘(v) require that the dealer and employees un-
dergo special training in how to avoid illegal sales. 
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‘‘(B) Conditions may be imposed on a dealer identi-
fied as a high-risk dealer under this paragraph for no 
longer than 1 year, unless the Attorney General deter-
mines that the dealer continues to have a heightened risk 
of firearms being diverted to criminal use. The Attorney 
General shall notify the dealer in writing of any such con-
ditions imposed on such dealer. 
‘‘(3) After the Attorney General has identified a deal-
er as a high-risk dealer and has imposed conditions on 
that dealer, a knowing violation by the dealer of any condi-
tion imposed under this subsection shall be considered a 
willful violation of this chapter, for the purposes of section 
924(a)(1)(D). 
‘‘(4)(A) Any dealer identified as a high-risk dealer 
under paragraph (1) may challenge the designation by re-
questing a hearing in writing to review within 60 days 
after notice of such designation. 
‘‘(B) If after a hearing held under subparagraph (A) 
the Attorney General decides not to reverse the designa-
tion of the dealer as a high-risk dealer, the Attorney Gen-
eral shall give notice of the decision to the dealer. The 
dealer may at any time within 60 days after the date no-
tice is given under this subparagraph file a petition with 
the United States district court for the district in which 
the party resides or in which the party’s principal place 
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of business is located for judicial review of the Attorney 
General’s designation. Such judicial review shall be con-
ducted pursuant to chapter 7 of title 5. 
‘‘(5) Nothing in this subsection shall be construed to 
limit the authority of the Attorney General under section 
926.’’. 
SEC. 8. GOVERNMENT ACCOUNTABILITY OFFICE STUDY ON 
LOST AND STOLEN FIREARMS. 
(a) DEFINITIONS.—For the purposes of this section, 
the term ‘‘firearm’’— 
(1) means any weapon which will or is designed 
to or may readily be converted to expel a projectile 
by the action of an explosive and the frame or re-
ceiver of any such weapon; and 
(2) does not include an antique firearm, as de-
fined in section 921 of title 18, United States Code. 
(b) STUDY.—The Comptroller General of the United 
States shall conduct a study on firearms in the United 
States that are lost or stolen during commercial shipping, 
including— 
(1) determining the number of firearms that 
are lost or stolen during commercial shipping on av-
erage per year; 
(2) identifying how firearms are being lost or 
stolen during commercial shipping; 
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(3) what efforts, if any, to reduce the number 
of firearms that are lost or stolen during commercial 
shipping are being made by— 
(A) Federal law enforcement agencies; 
(B) firearm manufacturers; 
(C) firearm dealers; and 
(D) shipping companies that transport 
firearms; and 
(4) the role that firearms lost or stolen during 
commercial shipping play in interstate and inter-
national gun trafficking. 
(c) REPORT.—Not later than 1 year after the date 
of enactment of this Act, the Comptroller General of the 
United States shall submit to Congress a report that con-
tains— 
(1) the results of the study required under sub-
section (a); and 
(2) recommendations for how to reduce the 
number of firearms that are lost or stolen during 
commercial shipping. 
SEC. 9. AUTHORITY TO HIRE PERSONNEL TO ADDRESS 
TRAFFICKING IN FIREARMS. 
(a) IN GENERAL.—The Director of the Bureau of Al-
cohol, Tobacco, Firearms and Explosives may hire addi-
tional personnel sufficient for a firearms trafficking team 
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of additional agents, Industry Operations Investigators, 
and analysts that would enable the average inspections 
rate of gun dealers to operate on a 3-year inspection cycle. 
(b) AUTHORITY TO HIRE PERSONNEL TO ADDRESS 
TRAFFICKING IN FIREARMS.— 
(1) IN GENERAL.—The Director of the Bureau 
of Alcohol, Tobacco, Firearms, and Explosives shall 
hire 500 additional Industry Operations Investiga-
tors and 1000 additional Special Agents, subject to 
the availability of appropriations, for the purpose of 
addressing trafficking in firearms, as described in 
section 932 of title 18, United States Code, as added 
by this Act. 
(2) AUTHORITY.—There are authorized to be 
appropriated for the hiring and maintenance of 500 
additional Industry Operations Investigators and 
1000 additional Special Agents— 
(A) $65,593,500 for fiscal year 2011, to 
hire 125 Industry Operations Investigators and 
250 Special Agents; 
(B) $153,735,425 for fiscal year 2012, to 
hire 125 Industry Operations Investigators and 
250 Special Agents; 
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(C) $268,199,200 for fiscal year 2013, to 
hire 125 Industry Operations Investigators and 
250 Special Agents; and 
(D) $387,741,186 for fiscal year 2014, to 
hire 125 Industry Operations Investigators and 
250 Special Agents. 
Æ 
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