STOP Straw Purchases Act
Bill: H.R.1604 | Sponsor: Rep. Bacon, Don (R-NE)
Policy area: Crime and Law Enforcement

Summary:
STOP Straw Purchases Act
This bill establishes new criminal offenses and penalties to deter straw purchases of firearms (i.e., firearm purchases from a licensed gun dealer by one person on behalf of another person).
Current law prohibits and imposes penalties—a fine, a prison term of up to 10 years, or both—for making false statements in connection with the acquisition of a firearm from a federally licensed dealer.
This bill increases the statutory maximum prison sentence—from 10 years to 25 years—for a violation by a person who is acting as a straw purchaser. Under this bill, a straw purchaser is a person who makes false statements involving deception about the identity of the actual buyer and knows or has reasonable cause to believe the actual buyer intends the firearm to be (1) used in a crime of violence or drug trafficking crime, or (2) transferred to a prohibited person.
Additionally, the bill establishes new related criminal offenses. Specifically, it prohibits and imposes penalties for
Finally, the bill directs the Bureau of Alcohol, Tobacco, Firearms and Explosives to include in the Firearms Transaction Record form a statement outlining penalties for acting as a straw purchaser.

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

    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 ``STOP Straw Purchases Act''.

SEC. 2. INCREASE IN PENALTIES FOR STRAW PURCHASERS OF FIREARMS.

    Section 924(a)(2) of title 18, United States Code, is amended by 
inserting ``, except that in the case of a violation of section 
922(a)(6) involving deception as to the identity of the actual 
transferee of a firearm, if the violator knows or has reasonable cause 
to believe the actual transferee intends the firearm to be used to 
commit a crime of violence (as defined in subsection (c)(3)) or drug 
trafficking crime (as defined in subsection (c)(2)) or to be disposed 
of to a person prohibited from receiving the firearm, the violator 
shall be fined not more than $750,000, imprisoned not more than 25 
years, or both'' before the period.

SEC. 3. PROHIBITION ON CONTINUING CRIMINAL ENTERPRISE INVOLVING STRAW 
              PURCHASES OF FIREARMS; PROHIBITION ON OBTAINING FIREARM 
              BY INDUCING STRAW PURCHASE.

    (a) Prohibitions.--Section 922 of title 18, United States Code, is 
amended by adding at the end the following:
    ``(aa) It shall be unlawful for any person, in or affecting 
interstate or foreign commerce, to--
            ``(1) induce, or act in concert with, another person to 
        engage in a continuing series of violations of subsection 
        (a)(6) involving deception as to the identity of the actual 
        transferee of a firearm, with the intent to obtain the firearm 
        for use in a crime of violence (as defined in section 
        924(c)(3)) or drug trafficking crime (as defined in section 
        924(c)(2)) or on behalf of a person prohibited from receiving 
        the firearm, from which such person obtains substantial income 
        or resources; and
            ``(2) with respect to such other person, occupy a position 
        of organizer, a supervisory position, or any other position of 
        management.
    ``(bb) It shall be unlawful for any person, in or affecting 
interstate or foreign commerce, to obtain a firearm by inducing another 
person to violate subsection (a)(6) by falsely claiming to be the 
actual transferee of the firearm, with the intent to obtain the firearm 
for use in a crime of violence (as defined in section 924(c)(3)) or 
drug trafficking crime (as defined in section 924(c)(2)) or on behalf 
of a person prohibited from receiving the firearm.''.
    (b) Penalties.--Section 924(a) of such title is amended by adding 
at the end the following:
    ``(8) Whoever knowingly violates section 922(aa) shall be fined not 
more than $1,000,000, imprisoned not more than 30 years, or both.
    ``(9) Whoever knowingly violates section 922(bb) shall be fined not 
more than $750,000, imprisoned not more than 25 years, or both.''.

SEC. 4. INCLUSION IN FIREARMS TRANSACTION RECORD FORM OF OUTLINE OF 
              PENALTIES FOR THE STRAW PURCHASE OF A FIREARM.

    The Director of the Bureau of Alcohol, Tobacco, Firearms and 
Explosives shall ensure that the Firearms Transaction Record form used 
by the Bureau includes a statement outlining the penalties for acting 
as the straw purchaser of a firearm. For purposes of this section, a 
person acts as the straw purchaser of a firearm if the person violates 
section 922(a)(6) of title 18, United States Code, through deception as 
to the identity of the actual transferee of the firearm, if the person 
knows or has reasonable cause to believe the actual transferee intends 
the firearm is to be used to commit a crime of violence (as defined in 
section 924(c)(3) of such title) or drug trafficking crime (as defined 
in section 924(c)(2) of such title) or to be disposed of to a person 
prohibited from receiving the firearm.
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