I 
113TH CONGRESS 
1ST SESSION 
H. R. 452 
To prevent gun trafficking. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 4, 2013 
Mrs. CAROLYN B. MALONEY of New York (for herself, Mr. RIGELL, Mr. MEE-
HAN, and Mr. CUMMINGS) introduced the following bill; which was re-
ferred 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 ‘‘Gun Trafficking Pre-
vention Act of 2013.’’. 
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.—Except as provided in subsection 
(b), it shall be unlawful for any person, in or affecting 
interstate commerce,— 
‘‘(1) to purchase, attempt to purchase, or trans-
fer a firearm, with the intent to deliver the firearm 
to another person who the transferor knows, or has 
reasonable cause to believe, is prohibited by Federal 
or State law from possessing a firearm; 
‘‘(2) in purchasing, attempting to purchase, or 
transferring a firearm, to intentionally provide false 
or misleading material information on a Bureau of 
Alcohol, Tobacco, Firearms, and Explosives firearms 
transaction record form; or 
‘‘(3) to knowingly direct, promote, or facilitate 
conduct that violates paragraph (1) or (2). 
‘‘(b) GIFT EXCEPTIONS.—Subsection (a) shall not 
apply to a firearm that is— 
‘‘(1) lawfully acquired by a person to be given 
to another person not prohibited from possessing a 
firearm under Federal or State law as a gift; or 
‘‘(2) lawfully received or otherwise acquired by 
a court-appointed trustee, receiver, or conservator 
for, or on behalf of, an estate or creditor or by a 
person to carry out a bequest, or an acquisition by 
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intestate succession under the laws of the State of 
residence of the person. 
‘‘(c) PENALTIES.— 
‘‘(1) IN
GENERAL.—Any person who violates 
this section shall be fined under this title, impris-
oned 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. 
‘‘(3) CONSPIRACY.—Any person who conspires 
to commit an offense described in this section shall 
be fined under this title, imprisoned for not more 
than 10 years, or both.’’. 
(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, 
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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) REQUIREMENT.—In carrying out this sec-
tion, the Commission shall review the penalty struc-
ture that the guidelines currently provide based on 
the number of firearms involved in the offense and 
determine whether any changes to that penalty 
structure are appropriate in order to reflect the in-
tent of Congress that such penalties reflect the grav-
ity of the offense. 
Æ 
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