Prevent Gun Trafficking Act

Bill: 116-hr-4116
Sponsor: full_name: Rep. Kelly, Robin L. [D-IL-2]
Introduced: 2019-07-30
Policy area: Crime and Law Enforcement
Subjects: Criminal procedure and sentencing

Firearms and explosives

Retail and wholesale trades

Smuggling and trafficking
Latest action: action_date: 2019-08-28
text: Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.

Summaries:
action_date: 2019-07-30
action_desc: Introduced in House
text: <p><b>Prevent Gun Trafficking Act</b></p> <p>This bill makes gun trafficking a federal crime.</p> <p>Specifically, the bill prohibits (1) knowingly purchasing, acquiring, or attempting to purchase or acquire a firearm from or through a federal firearms licensee for the possession of a third party; or (2) soliciting, hiring, demanding, or ordering another person to purchase, or attempt to purchase, a firearm for the person or transferring the firearm to a third party. Firearms obtained in violation of this prohibition are subject to the forfeiture provisions of the federal criminal code. </p> <p>The prohibition does not apply to a firearm lawfully acquired as a bona fide gift between family members or transferred to an agent of a lawful business for the lawful use in such business.</p> <p>A person who commits a gun trafficking offense is subject to a fine, a prison term of up to 10 years, or both. </p> <p>In addition, the bill prohibits the sale or disposition of a firearm or ammunition to persons who intend to unlawfully sell or dispose of the firearm or ammunition.</p>

tv_txt: I 116th CONGRESS 1st Session H. R. 4116 IN THE HOUSE OF REPRESENTATIVES July 30, 2019 Ms. Kelly of Illinois (for herself, Mr. Moulton , and Mrs. McBath ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, to combat straw purchases of firearms and deter firearms trafficking.

1. Short title This Act may be cited as the Prevent Gun Trafficking Act . 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: 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. . 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 first sentence— (1) in paragraph (8), by striking or at the end; (2) in paragraph (9), by striking the period at the end and inserting a semicolon; 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. . 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. . 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. .