Stop Illegal Trafficking in Firearms Act of 2013

Bill: 113-s-54
Sponsor: Sen. Leahy, Patrick J. [D-VT]
Introduced: 2013-01-22 in the Senate
Policy area: Crime and Law Enforcement
Subjects: Administrative law and regulatory procedures
Citizenship and naturalization
Criminal investigation, prosecution, interrogation
Criminal procedure and sentencing
Currency
Drug trafficking and controlled substances
Firearms and explosives
Immigration status and procedures
Organized crime
Smuggling and trafficking
U.S. Sentencing Commission
Violent crime

Summary:
action_date: 2013-01-22
text: 
Stop Illegal Trafficking in Firearms Act of 2013 - Amends the federal criminal code to prohibit any person (other than a licensed importer, manufacturer, or dealer) from knowingly purchasing a firearm for, on behalf of, or with intent to transfer it to, any other person, or attempting or conspiring to do so, if that firearm has moved in or otherwise affected interstate or foreign commerce. Includes the receipt of a firearm from pawn or on consignment as a "purchase." Sets forth exceptions for certain bona fide gifts and for certain bona fide winners of an organized raffle, contest, or auction. 
 
Prescribes fines and subjects property derived from or used to commit such offense to forfeiture. Applies an enhanced penalty for any such violation committed knowing or with reasonable cause to believe that a firearm involved will be used to commit a crime of violence. Directs the U.S. Sentencing Commission to review and amend its guidelines and policy statements to ensure that persons convicted of offenses applicable to straw purchases of firearms are subject to increased penalties.
 
Includes such a firearms trafficking offense within the definition of: (1) "racketeering activity," and (2) "specified unlawful activity" for purposes of money laundering violations.
 
Requires information concerning the identity, age, place of residence, and citizenship or immigration status of a person to be considered material to the lawfulness of the sale or other disposition of a firearm or ammunition.
 
Prohibits the sale of a firearm or ammunition knowing or having reasonable cause to believe that the purchaser: (1) is prohibited by state or local law from possessing, receiving, selling, shipping, transporting, transferring, or otherwise disposing of the firearm or ammunition; (2) intends to sell or otherwise dispose of the firearm or ammunition to a person in the category of individuals excluded from firearm possession; or (3) intends to sell or otherwise dispose of the firearm or ammunition in furtherance of a crime of violence or drug trafficking offense, or to export it in violation of law.
 
Sets forth penalties for: (1) receiving or transferring a firearm or ammunition, knowing or having reasonable cause to believe that it will be used to commit a crime of violence, a drug trafficking crime, or other specified crimes; and (2) smuggling or knowingly bringing into or taking out of the United States a firearm or ammunition with intent to engage in or promote conduct that is (or that would be, if committed in the United States) punishable under the Controlled Substances Act, the Controlled Substances Import and Export Act, or maritime drug law enforcement provisions or that constitutes (or would constitute) a crime of violence.

action_date: 2013-03-11
text: 
Stop Illegal Trafficking in Firearms Act of 2013 - (Sec. 3) Amends the federal criminal code to prohibit any person, other than a licensed firearms importer, manufacturer, collector, or dealer (licensed dealer), from knowingly purchasing in interstate or foreign commerce (including through receipt on consignment or by way of pledge or pawn as security for payment) a firearm from a licensed dealer, or from any person who is not a licensed dealer, for another individual, knowing or having reasonable cause to believe that such individual meets specified criteria disqualifying such individual from possessing a firearm. Sets forth an enhanced penalty for such a violation committed knowing or with reasonable cause to believe that any firearm involved will be used to commit a crime of violence. Specifies exceptions for purchases for certain bona fide gifts or for a bona fide winner of an organized raffle, contest, or auction.
 
Prohibits: (1) transferring two or more firearms to, or receiving two or more firearms from, a person in interstate or foreign commerce knowing or with the reasonable belief that such transfer, possession, or receipt would violate a federal law punishable by a term of imprisonment exceeding one year; or (2) attempting or conspiring to commit such conduct. Authorizes an enhanced penalty for someone who organizes or supervises such conduct.
 
Subjects: (1) property derived from or used to commit such an offense to forfeiture, and (2) a person who derives profits from such an offense to a fine equal to twice such profits.
 
 Includes such offenses: (1) among offenses for which wiretapping may be authorized, (2) within the definition of &quot;racketeering activity,&quot; and (3) within the definition of &quot;specified unlawful activity&quot; for purposes of money laundering violations.
 
Directs the U.S. Sentencing Commission to review and amend its guidelines and policy statements to: (1) ensure that persons convicted of offenses involving straw purchases of firearms and firearms trafficking are subject to increased penalties; and (2) reflect congressional intent that a person convicted of such offense who is affiliated with a gang, cartel, or organized crime ring should be subject to higher penalties.
 
(Sec. 4) Amends the Brady Handgun Violence Prevention Act to prohibit the sale or other disposition of a firearm or ammunition knowing or having reasonable cause to believe that the purchaser intends: (1) to sell or otherwise dispose of it to a person in a category of individuals excluded from firearms possession, (2) to sell or otherwise dispose of it in furtherance of a crime of violence or drug trafficking offense, or (3) to export it in violation of law.
 
(Sec. 5) Increases the maximum term of imprisonment for violating prohibitions against: (1) selling firearms or ammunition to any person knowing or having reasonable cause to believe that such person is disqualified from possessing such firearms or ammunition; (2) any such disqualified person transporting or possessing any firearm or ammunition in interstate or foreign commerce or receiving any firearm or ammunition that has been has been transported in interstate or foreign commerce; (3) receiving or transferring a firearm or ammunition knowing or having reasonable cause to believe that it will be used to commit a crime of violence, a drug trafficking crime, or other specified crimes under the Arms Export Control Act, the International Emergency Economic Powers Act, the Foreign Narcotics Kingpin Designation Act, or the Immigration and Nationality Act; or (4) smuggling into or out of the United States a firearm or ammunition with intent to engage in or promote conduct that is punishable under the Controlled Substances Act, the Controlled Substances Import and Export Act, or maritime drug law enforcement provisions or that constitutes a crime of violence.
 
(Sec. 8) Prohibits the Department of Justice (DOJ) and any of its law enforcement coordinate agencies from conducting any operation where a federal firearms licensee is directed or encouraged to sell firearms to an individual if DOJ or a coordinate agency knows or has reasonable cause to believe that such individual is purchasing such firearms on behalf of another for an illegal purpose, unless the Attorney General, the Deputy Attorney General, or the Assistant Attorney General for the Criminal Division approves the operation in writing and determines that the agency has prepared an operational plan to prevent firearms from being transferred to third parties without law enforcement taking reasonable steps to lawfully interdict those firearms.


Legislative actions:
action_date: 2013-04-05
text: By Senator Leahy from Committee on the Judiciary filed written report under authority of the order of the Senate of 03/23/2013. Report No. 113-9. Additional and Minority views filed.
action_date: 2013-04-05
text: By Senator Leahy from Committee on the Judiciary filed written report under authority of the order of the Senate of 03/23/2013. Report No. 113-9. Additional and Minority views filed.
action_date: 2013-03-11
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 23.
action_date: 2013-03-11
text: Committee on the Judiciary. Reported by Senator Leahy with an amendment in the nature of a substitute. Without written report.
action_date: 2013-03-11
text: Committee on the Judiciary. Reported by Senator Leahy with an amendment in the nature of a substitute. Without written report.
action_date: 2013-03-07
text: Committee on the Judiciary. Ordered to be reported with an amendment favorably.
action_date: 2013-02-12
text: Committee on the Judiciary Senate Subcommittee on Constitution, Civil Rights and Human Rights. Hearings held. With printed Hearing: S.Hrg. 113-870.
action_date: 2013-01-22
text: Read twice and referred to the Committee on the Judiciary.
action_date: 2013-01-22
text: Sponsor introductory remarks on measure. (CR S180)
action_date: 2013-01-22
text: Introduced in Senate