II 117th CONGRESS 2d Session S. 4238 IN THE SENATE OF THE UNITED STATES May 17, 2022 Mrs. Gillibrand introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To prevent gun trafficking.

1. Short title This Act may be cited as the Hadiya Pendleton and Nyasia Pryear-Yard Gun Trafficking and Crime Prevention Act of 2022 . 2. Firearms trafficking (a) In general Chapter 44 of title 18, United States Code, is amended by adding at the end the following: 932. Trafficking in firearms (a) Definitions In this section— (1) the term actual buyer means the individual for whom a firearm is being purchased, received, or acquired; and (2) the term term of imprisonment exceeding 1 year does not include any offense classified by the applicable jurisdiction as a misdemeanor and punishable by a term of imprisonment of 2 years or less. (b) Offenses It shall be unlawful for any person, regardless of whether anything of value is exchanged— (1) to ship, transport, transfer, or otherwise dispose to a person, 2 or more firearms in or affecting interstate or foreign commerce, if the transferor knows or has reasonable cause to believe that the use, carrying, or possession of a firearm by the recipient would be in violation of, or would result in a violation of, any Federal, State, or local law punishable by a term of imprisonment exceeding 1 year; (2) to receive from a person, 2 or more firearms in or affecting interstate or foreign commerce, if the recipient knows or has reasonable cause to believe that such receipt would be in violation of, or would result in a violation of, any Federal, State, or local law punishable by a term of imprisonment exceeding 1 year; (3) to make a statement to a licensed importer, licensed manufacturer, or licensed dealer relating to the purchase, receipt, or acquisition from a licensed importer, licensed manufacturer, or licensed dealer of 2 or more firearms that have moved in or affected interstate or foreign commerce that— (A) is material to— (i) the identity of the actual buyer of the firearms; or (ii) the intended trafficking of the firearms; and (B) the person knows or has reasonable cause to believe is false; or (4) to direct, promote, or facilitate conduct specified in paragraph (1), (2), or (3). (c) Gift exceptions Subsection (b) shall not apply to a firearm that is— (1) lawfully acquired by a person to be given as a gift to another person not prohibited from possessing a firearm under Federal or State law; or (2) lawfully received or otherwise acquired— (A) by a court-appointed trustee, receiver, or conservator for, or on behalf of, an estate or creditor; or (B) 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. (d) Penalties (1) In general Subject to paragraph (2), any person who violates, or conspires to violate, subsection (b) shall be fined under this title, imprisoned for not more than 20 years, or both. (2) Organizer enhancement If an individual violates subsection (b) in concert with 5 or more other individuals, and the individual planned the violation or recruited or directed one of the other individuals to commit the violation— (A) the maximum term of imprisonment shall be 25 years; and (B) if a firearm involved in the violation is a machinegun or destructive device, or is equipped with a firearm silencer or muffler, the maximum term of imprisonment shall be 35 years. (3) Licensees (A) Criminal penalties for knowing facilitation of trafficking through sale or delivery of firearms If a licensed manufacturer, licensed importer, licensed collector, or licensed dealer knowingly facilitates a violation of subsection (b), the licensee shall be fined $20,000 per trafficked firearm sold or delivered by the licensee, imprisoned for not more than 10 years, or both. (B) Civil penalties for sale or delivery of firearms with reckless disregard of trafficking In the case of any licensed manufacturer, licensed importer, licensed collector, or licensed dealer who recklessly disregards that a person is acquiring 2 or more firearms from the licensee in violation of or with intent to violate subsection (b), the Attorney General shall, after notice and opportunity for a hearing, impose a civil penalty that is not less than $5,000 and not more than $10,000 per trafficked firearm sold or delivered by the licensee. (C) License suspension or revocation If the Attorney General determines, after notice and opportunity for a hearing, that firearms were acquired by or from a licensed manufacturer, licensed importer, licensed collector, or licensed dealer in violation of subsection (b) and the licensee knew, had reasonable cause to believe, or recklessly disregarded that the firearms were acquired in violation of that subsection, the Attorney General— (i) may suspend or revoke the license issued to the licensee under this chapter for not more than 1 year; and (ii) if the license issued to the licensee under this chapter has previously been suspended or revoked under clause (i), may revoke the license for not more than 5 years. . (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 following: 932. Trafficking in firearms. . (c) Directive to 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 review and, if appropriate, amend the Federal sentencing 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) Requirements In carrying out this subsection, the Commission shall— (A) review the penalty structure that the Federal sentencing guidelines currently provide based on the number of firearms involved in the offense; and (B) determine whether any changes to that penalty structure are appropriate in order to carry out the intent of Congress that those penalties reflect— (i) the gravity of the offense; (ii) the number of trafficked firearms purchased by or from the defendant; (iii) the extent of the defendant’s knowledge about the overall scheme to traffic firearms; (iv) the amount of money or value of nonmonetary compensation provided to the defendant for the defendant’s participation; and (v) the defendant’s culpability, including— (I) as mitigating factors, whether the defendant— (aa) is a relative or current or former intimate partner of another individual involved in a conspiracy to traffic firearms; (bb) is a domestic violence survivor; or (cc) has been otherwise exploited by personal affection, fear of reprisals, or economic need to commit an offense under section 932 of title 18, United States Code (as added by subsection (a)); and (II) as aggravating factors, whether— (aa) the trafficked firearms were used in additional crimes; (bb) a person was injured or killed with the trafficked firearms; or (cc) the defendant was previously convicted of a firearms-related offense. (d) Directive to the Attorney General Not later than 2 years after the date of enactment of this Act, and annually thereafter, the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report containing the following information: (1) For the prior 12-month period— (A) the number of investigations initiated for violations of section 932 of title 18, United States Code (as added by subsection (a)); (B) the number of Federal firearm licensees or other individuals or entities— (i) that were criminally charged with a violation described in subparagraph (A); or (ii) against whom a civil penalty case was initiated for a violation described in subparagraph (A); and (C) the number of investigations described in subparagraph (A) referred to the Attorney General from the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Federal Bureau of Investigation, or any other Federal law enforcement agency that did not result in criminal charges or the initiation of a civil penalty case. (2) To the extent the information is available, the average length of the sentences of imprisonment and average fines imposed on individuals, entities, and Federal firearm licensees convicted of violations of section 932 of title 18, United States Code, (as added by subsection (a)) during the prior 12-month period. (3) A narrative describing the firearm trafficking schemes prosecuted under section 932 of title 18, United States Code, (as added by subsection (a)) during the prior 12-month period, including— (A) the sources of firearms; (B) the roles of various defendants in the scheme; (C) the number of firearms trafficked; and (D) a description of any trafficking practices or trends common among various firearm trafficking schemes. 3. Removing relief from disabilities exception for licensees indicted for firearms trafficking Section 925(b) of title 18, United States Code, is amended by inserting other than firearms trafficking under section 932, after indicted for a crime punishable by imprisonment for a term exceeding one year, . 4. Elimination of obligatory stay of effective date of license revocation Section 923(f)(2) of title 18, United States Code, is amended by striking the period at the end of the second sentence and inserting the following: unless the revocation is based in whole or in part on a violation of section 932, in which case, the Attorney General may only stay the effective date of the revocation upon a showing by the holder that good cause exists to do so. .