137 
is amended by striking ‘‘and, at the time’’ and all 
that follows through ‘‘State law’’. 
(h) AUTHORITY TO HIRE PERSONNEL TO INSPECT 
GUN SHOWS.—The Director of the Bureau of Alcohol, To-
bacco, Firearms and Explosives may hire at least 40 addi-
tional Industry Operations Investigators for the purpose 
of carrying out inspections of gun shows (as defined in 
section 921(a)(51) of title 18, United States Code). 
(i) REPORT TO THE CONGRESS.—The Director of the 
Bureau of Alcohol, Tobacco, Firearms and Explosives 
shall submit biennial reports to the Congress on how fire-
arms (as defined in section 921(a)(3) of title 18, United 
States Code) are sold at gun shows (as defined in para-
graph (51) of such section), how this section is being car-
ried out, whether firearms are being sold without back-
ground checks conducted by the national instant criminal 
background check system established under section 103 
of the Brady Handgun Violence Prevention Act, what re-
sources are needed to carry out this section, and any rec-
ommendations for improvements to ensure that firearms 
are not sold without the background checks. 
(j) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall take effect 180 days after 
the date of enactment of this Act. 
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138 
SEC. 10. FIREARMS TRAFFICKING. 
(a) IN GENERAL.—Chapter 44 of title 18, United 
States Code, as amended by the preceding provisions of 
this Act, is amended by adding at the end the following: 
‘‘§ 933. 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 
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139 
‘‘(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 
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 
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140 
States Code, as amended by the preceding provisions of 
this Act, is amended by adding at the end the following: 
‘‘933. 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, 
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 933 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. 
SEC. 11. ADDITION OF DATING PARTNERS AND INDIVID-
UALS SUBJECT TO RESTRAINING ORDERS. 
(a) DEFINITION.—Section 921(a) of title 18, United 
States Code, is amended— 
(1) by striking paragraph (32) and inserting 
the following: 
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‘‘(32) The term ‘intimate partner’— 
‘‘(A) means with respect to a person, the spouse 
of the person, a former spouse of the person, an in-
dividual who is a parent of a child of the person, and 
an individual who cohabitates or has cohabited with 
the person; and 
‘‘(B) includes— 
‘‘(i) a dating partner (as defined in section 
2266); and 
‘‘(ii) any other person similarly situated to 
a spouse who is protected by the domestic or 
family violence laws of the State or tribal juris-
diction in which the injury occurred or where 
the victim resides.’’; and 
(2) in paragraph (33)(A)(ii)— 
(A) by inserting ‘‘intimate partner,’’ after 
‘‘former spouse,’’; and 
(B) by inserting ‘‘intimate partner,’’ after 
‘‘a spouse,’’ each place it appears. 
(b) ADDITION OF STALKING.—Section 922 of title 
18, United States Code, is amended— 
(1) in subsection (d)— 
(A) in paragraph (8)(ii), by striking ‘‘or’’ 
at the end; 
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