Prevent Gun Trafficking Act
Bill: H.R.2280 | Sponsor: Rep. Kelly, Robin L. (D-IL)
Policy area: Crime and Law Enforcement

Summary:
Prevent Gun Trafficking Act
This bill establishes new federal criminal offenses for gun trafficking and related conduct.
First, the bill establishes a stand-alone federal criminal offense for gun trafficking. A violation is punishable by a fine, a prison term of up to 10 years, or both. The bill also authorizes the seizure and forfeiture of the firearms and ammunition involved in the offense, the property involved in the offense, and the proceeds (or property traceable to the proceeds) derived from the offense.
Second, the bill makes it unlawful to sell or dispose of a firearm or ammunition to any person knowing or having reason to believe that the person intends to sell or dispose of the firearm in violation of a federal law, or to sell or dispose of the firearm to a person in another state in violation of that state's law. A violation is subject to existing penalties under current law—a fine, a prison term of up to 10 years, or both. Current law already authorizes the seizure and forfeiture of firearms and ammunition involved in the offense. This bill also authorizes the seizure and forfeiture of the property involved in the offense and the proceeds (or property traceable to the proceeds) derived from the offense.

To amend title 18, United States Code, to combat straw purchases of 
                firearms and deter firearms trafficking.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Prevent Gun Trafficking Act''.

SEC. 2. PROHIBITION ON STRAW PURCHASES OF FIREARMS; PROHIBITION ON GUN 
              TRAFFICKING.

    (a) In General.--Chapter 44 of title 18, United States Code, is 
amended--
            (1) in section 921(a), by adding at the end the following:
    ``(36) The term `family members' means spouses, domestic partners, 
parents and their children, including step-parents and their step-
children, siblings, aunts or uncles and their nieces or nephews, or 
grandparents and their grandchildren.''; and
            (2) by adding at the end the following:
``Sec. 932. Gun trafficking
    ``(a) It shall be unlawful for any person (other than a licensee 
under this chapter), in or otherwise affecting interstate or foreign 
commerce, to knowingly purchase or acquire, or attempt to purchase or 
acquire, a firearm from or through such a licensee for the possession 
of a third party.
    ``(b) It shall be unlawful for any person (other than a licensee 
under this chapter), in or otherwise affecting interstate or foreign 
commerce, to solicit, hire, demand, or order another person to 
purchase, or attempt to purchase, any firearm for the purpose of 
obtaining the firearm for the person or selling or transferring the 
firearm to a third party.
    ``(c) The Attorney General shall ensure that the firearm 
transaction record form required to be completed in connection with a 
firearm transaction includes a statement outlining the penalties that 
may be imposed for violating subsection (a).
    ``(d) This section shall not apply to any firearm--
            ``(1) that is purchased or acquired by any person, or that 
        any person attempts to purchase or acquire, as a bona fide gift 
        between family members; or
            ``(2) that is purchased or acquired by an agent of a lawful 
        business, or that an agent of a lawful business attempts to 
        purchase or acquire, for the purpose of transferring to another 
        agent of the business, for lawful use in the business,
if the purchaser or person acquiring the firearm has no reason to 
believe that the recipient of the firearm will use or intends to use 
the firearm in a crime or is prohibited from purchasing or possessing 
firearms under State or Federal law.''.
    (b) Forfeiture.--Section 982(a)(5) of such title is amended--
            (1) in subparagraph (D), by striking ``or'' at the end; and
            (2) by inserting after subparagraph (E) the following:
            ``(F) section 922(a)(1)(A) (related to unlicensed firearms 
        sales);
            ``(G) section 922(d) (relating to illegal gun transfers); 
        or
            ``(H) section 932 (relating to gun trafficking),''.
    (c) Money Laundering Amendment.--Section 1956(c)(7)(D) of such 
title is amended by striking ``section 924(n)'' and inserting ``section 
922(a)(1)(A), 922(d), 924(n), or 932''.
    (d) Clerical Amendment.--The table of sections for such chapter is 
amended by adding at the end the following:

``932. Gun trafficking.''.

SEC. 3. PROHIBITION ON DISPOSITION OF FIREARM TO PERSON INTENDING 
              UNLAWFUL FURTHER DISPOSITION.

    Section 922(d) of title 18, United States Code, is amended in the 
1st sentence--
            (1) in paragraph (8), by striking ``or'' at the end;
            (2) in paragraph (9), by striking the period at the end and 
        inserting ``; or''; and
            (3) by inserting after and below paragraph (9) the 
        following:
            ``(10) intends to sell or otherwise dispose of the firearm 
        or ammunition in violation of a Federal law, or to sell or 
        otherwise dispose of the firearm or ammunition to a person in 
        another State in violation of a law of that State.''.

SEC. 4. PENALTIES.

    Section 924(a) of title 18, United States Code, is amended by 
adding at the end the following:
    ``(8) Whoever knowingly violates section 922(a)(1)(A) or 932 shall 
be fined under this title, imprisoned not more than 10 years, or 
both.''.

SEC. 5. FIREARMS SUBJECT TO FORFEITURE.

    Section 924(d) of title 18, United States Code, is amended--
            (1) in paragraph (1), by inserting ``or 932'' after 
        ``section 924''; and
            (2) in paragraph (3)--
                    (A) in subparagraph (E), by striking ``and'' at the 
                end;
                    (B) in subparagraph (F), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(G) any offense under section 932.''.
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